As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 67  5            

      1997-1998                                                    6            


   SENATORS GILLMOR-ZALESKI-HOWARD-OELSLAGER-WATTS-LATELL-RAY-     8            

  LATTA-DRAKE-REPRESENTATIVES VAN VYVEN-REID-MOTTLEY-METELSKY-     9            

    LEWIS-GARCIA-HAINES-BRADING-MILLER-VESPER-JERSE-O'BRIEN-       10           

       WINKLER-OPFER-ROBERTS-PATTON-GRENDELL-PERZ-THOMPSON         11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 101.271, 124.81, 124.82, 124.822,   15           

                124.84, 124.841, 124.92, 124.93, 145.58, 145.581,  16           

                305.171, 306.48, 307.86, 339.16, 351.08, 505.60,   17           

                742.45, 742.53, 1319.12, 1337.16, 1545.071,        18           

                1731.01, 1731.06, 1739.05, 1901.111, 1901.312,                  

                2133.12, 2305.25, 2913.47, 3105.71, 3111.241,      19           

                3113.217, 3307.74, 3307.741, 3309.69, 3309.691,    20           

                3313.202, 3375.40, 3381.14, 3501.141, 3701.24,     21           

                3701.76, 3702.51, 3702.62, 3709.16, 3729.12,                    

                3901.04, 3901.041, 3901.043, 3901.071, 3901.16,    22           

                3901.19, 3901.31, 3901.32, 3901.38, 3901.40,       24           

                3901.41, 3901.48, 3901.72, 3902.01, 3902.02,                    

                3902.11, 3902.13, 3904.01, 3905.71, 3923.123,      25           

                3923.30, 3923.301, 3923.33, 3923.333, 3923.38,     27           

                3923.382, 3923.41, 3923.51, 3923.54, 3923.58,                   

                3924.01, 3924.02, 3924.08, 3924.10, 3924.12,       29           

                3924.13, 3924.41, 3924.61, 3924.62, 3924.64,                    

                3924.73, 3929.77, 3956.01, 3959.01, 3999.32,       30           

                3999.36, 4582.041, 4582.29, 4715.02, 4719.01,      31           

                4729.381, 4731.67, 5111.02, 5111.17, 5111.171,                  

                5111.19, 5111.74, 5115.10, 5119.01, 5119.202,      33           

                5505.28, 5505.33, and 5923.051; to enact sections  34           

                1751.01 to 1751.08, 1751.11 to 1751.21, 1751.25    35           

                to 1751.28, 1751.31 to 1751.36, 1751.38, 1751.40,               

                1751.42, 1751.44 to 1751.48, 1751.51 to 1751.56,   36           

                                                          2      

                                                                 
                1751.59 to 1751.67, 1751.70, and 1751.71; and to   38           

                repeal sections 1736.01, 1736.02, 1736.03,                      

                1736.04, 1736.05, 1736.06, 1736.07, 1736.08,       40           

                1736.09, 1736.10, 1736.11, 1736.12, 1736.13,       41           

                1736.14, 1736.15, 1736.16, 1736.17, 1736.18,                    

                1736.19, 1736.20, 1736.21, 1736.22, 1736.23,       42           

                1736.24, 1736.25, 1736.26, 1736.27, 1736.28,       44           

                1737.01, 1737.02, 1737.03, 1737.04, 1737.05,                    

                1737.06, 1737.07, 1737.08, 1737.09, 1737.10,       45           

                1737.11, 1737.12, 1737.13, 1737.14, 1737.15,       47           

                1737.16, 1737.17, 1737.18, 1737.19, 1737.20,       48           

                1737.21, 1737.22, 1737.23, 1737.24, 1737.25,                    

                1737.26, 1737.27, 1737.28, 1737.29, 1737.30,       49           

                1737.301, 1737.31, 1737.32, 1737.99, 1738.01,      51           

                1738.02, 1738.03, 1738.04, 1738.05, 1738.06,                    

                1738.07, 1738.08, 1738.09, 1738.10, 1738.11,       52           

                1738.12, 1738.13, 1738.14, 1738.15, 1738.16,       54           

                1738.17, 1738.18, 1738.19, 1738.20, 1738.21,       55           

                1738.22, 1738.23, 1738.24, 1738.25, 1738.26,                    

                1738.261, 1738.27, 1738.28, 1738.29, 1738.30,      56           

                1738.99, 1740.01, 1740.02, 1740.03, 1740.04,       58           

                1740.05, 1740.06, 1740.07, 1740.08, 1740.09,                    

                1740.10, 1740.11, 1740.12, 1740.13, 1740.14,       59           

                1740.15, 1740.16, 1740.17, 1740.18, 1740.19,       61           

                1740.20, 1740.21, 1740.22, 1740.23, 1740.24,       62           

                1740.25, 1740.26, 1740.99, 1742.01, 1742.02,                    

                1742.03, 1742.04, 1742.05, 1742.06, 1742.07,       63           

                1742.08, 1742.09, 1742.10, 1742.11, 1742.12,       64           

                1742.13, 1742.131, 1742.14, 1742.141, 1742.15,                  

                1742.151, 1742.16, 1742.17, 1742.171, 1742.18,     65           

                1742.19, 1742.20, 1742.21, 1742.22, 1742.23,       66           

                1742.24, 1742.25, 1742.26, 1742.27, 1742.28,       67           

                1742.29, 1742.30, 1742.301, 1742.31, 1742.32,                   

                1742.33, 1742.34, 1742.341, 1742.35, 1742.36,      68           

                                                          3      

                                                                 
                1742.37, 1742.38, 1742.39, 1742.40, 1742.41,       69           

                1742.42, 1742.43, 1742.44, and 1742.45 of the                   

                Revised Code to provide for the establishment,     70           

                operation, and regulation of health insuring       71           

                corporations; to repeal the laws governing                      

                prepaid dental plan organizations, medical care    72           

                corporations, health care corporations, dental     73           

                care corporations, and health maintenance          74           

                organizations; to eliminate certain provisions of  75           

                this act on and after February 9, 2004, by                      

                repealing section 1751.64 of the Revised Code on   76           

                that date; and to declare an emergency.            77           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        79           

      Section 1.  That sections 101.271, 124.81, 124.82, 124.822,  81           

124.84, 124.841, 124.92, 124.93, 145.58, 145.581, 305.171,         82           

306.48, 307.86, 339.16, 351.08, 505.60, 742.45, 742.53, 1319.12,   83           

1337.16, 1545.071, 1731.01, 1731.06, 1739.05, 1901.111, 1901.312,  84           

2133.12, 2305.25, 2913.47, 3105.71, 3111.241, 3113.217, 3307.74,   85           

3307.741, 3309.69, 3309.691, 3313.202, 3375.40, 3381.14,           86           

3501.141, 3701.24, 3701.76, 3702.51, 3702.62, 3709.16, 3729.12,    87           

3901.04, 3901.041, 3901.043, 3901.071, 3901.16, 3901.19, 3901.31,  88           

3901.32, 3901.38, 3901.40, 3901.41, 3901.48, 3901.72, 3902.01,     89           

3902.02, 3902.11, 3902.13, 3904.01, 3905.71, 3923.123, 3923.30,    90           

3923.301, 3923.33, 3923.333, 3923.38, 3923.382, 3923.41, 3923.51,  91           

3923.54, 3923.58, 3924.01, 3924.02, 3924.08, 3924.10, 3924.12,     92           

3924.13, 3924.41, 3924.61, 3924.62, 3924.64, 3924.73, 3929.77,     94           

3956.01, 3959.01, 3999.32, 3999.36, 4582.041, 4582.29, 4715.02,    95           

4719.01, 4729.381, 4731.67, 5111.02, 5111.17, 5111.171, 5111.19,                

5111.74, 5115.10, 5119.01, 5119.202, 5505.28, 5505.33, and         97           

5923.051 be amended and sections 1751.01, 1751.02, 1751.03,        98           

1751.04, 1751.05, 1751.06, 1751.07, 1751.08, 1751.11, 1751.12,     99           

1751.13, 1751.14, 1751.15, 1751.16, 1751.17, 1751.18, 1751.19,     100          

1751.20, 1751.21, 1751.25, 1751.26, 1751.27, 1751.28, 1751.31,     102          

                                                          4      

                                                                 
1751.32, 1751.33, 1751.34, 1751.35, 1751.36, 1751.38, 1751.40,     103          

1751.42, 1751.44, 1751.45, 1751.46, 1751.47, 1751.48, 1751.51,     104          

1751.52, 1751.53, 1751.54, 1751.55, 1751.56, 1751.59, 1751.60,     105          

1751.61, 1751.62, 1751.63, 1751.64, 1751.65, 1751.66, 1751.67,     106          

1751.70, and 1751.71 of the Revised Code be enacted to read as     108          

follows:                                                                        

      Sec. 101.271.  (A)  As used in this section, "medical        117          

insurance premium" means any premium payment made under a          118          

contract with an insurance company, nonprofit health plan, health  119          

care INSURING corporation, health maintenance organization, or     121          

any combination of such organizations, pursuant to section 124.82  122          

of the Revised Code.                                               123          

      (B)  After the general election in each even-numbered year,  125          

the clerk of the senate, with the assistance of the department of  126          

administrative services, shall estimate the cost of the medical    127          

insurance premiums that will be necessary to provide coverage, on  128          

the same basis as for a similarly situated state employee, for     129          

each person who is elected to a term as senator at such election,  130          

or appointed to fill the unexpired portion of any such term, and   131          

any of his THE SENATOR'S dependents qualified for coverage at the  133          

time he THE SENATOR assumes office.  Using this estimate, the      134          

clerk shall determine a fixed amount to be paid by the state in    135          

equal monthly installments on behalf of the senator each year of   136          

his THE SENATOR'S term as a medical insurance premium, but in no   137          

event in an amount to exceed the total premium required in any     139          

month by the contract of the state by the carrier.  Any amount     140          

not paid in such a case shall be placed in reserve and applied     141          

against any subsequent month's premium up to the full amount       142          

thereof until the entire amount has been paid along with the       143          

original estimate for each month.  This fixed amount shall be      144          

such that, as nearly as can be predicted, the sum of the monthly   145          

premiums paid for the senator during his THE SENATOR'S term shall  147          

equal the total amount of medical insurance premiums that will be  148          

paid for such an employee, as required by section 124.82 of the    149          

                                                          5      

                                                                 
Revised Code, during that term.  The senator shall pay the         150          

difference between the amount so fixed and the total premium       151          

required by the contract of the state with the carrier.                         

      (C)  After the general election in each even-numbered year,  153          

the executive secretary of the house of representatives, with the  154          

assistance of the department of administrative services, shall     155          

estimate the cost of the medical insurance premiums that will be   156          

necessary to provide coverage, on the same basis as for a          157          

similarly situated state employee, for each person who is elected  158          

to a term as representative at such election, or appointed to      159          

fill the unexpired portion of any such term, and any of his THE    160          

REPRESENTATIVE'S dependents qualified for coverage at the time he  161          

THE REPRESENTATIVE assumes office.  Using this estimate, the       162          

executive secretary shall determine a fixed amount to be paid by   163          

the state in equal monthly installments on behalf of the           165          

representative each year of his THE REPRESENTATIVE'S term as a     167          

medical insurance premium, but in no event in an amount to exceed  168          

the total premium required in any month by the contract of the     169          

state with the carrier.  Any amount not paid in such a case shall  170          

be placed in reserve and applied against any subsequent month's    171          

premium up to the full amount thereof until the entire reserve     172          

has been paid along with the original estimate for each month.     173          

This fixed amount shall be such that, as nearly as can be          174          

predicted, the sum of the monthly premiums paid for the                         

representative during his THE REPRESENTATIVE'S term shall equal    175          

the total amount of medical insurance premiums that will be paid   177          

for such an employee, as required by section 124.82 of the         178          

Revised Code, during that term.  The representative shall pay the  179          

difference between the amount so fixed and the total premium       180          

required by the contract of the state with the carrier.            181          

      Sec. 124.81.  (A)  Except as provided in division (E) of     190          

this section, the department of administrative services in         191          

consultation with the superintendent of insurance shall negotiate  192          

with and, in accordance with the competitive selection procedures  193          

                                                          6      

                                                                 
of Chapter 125. of the Revised Code, contract with one or more     194          

insurance companies authorized to do business in this state, for   195          

the issuance of one of the following:                              196          

      (1)  A policy of group life insurance covering all state     198          

employees who are paid directly by warrant of the state auditor,   199          

including elected state officials;                                 200          

      (2)  A combined policy, or coordinated policies of one or    202          

more insurance companies, medical care corporations, health care   203          

corporations, dental care corporations, or health maintenance      204          

INSURING corporations in combination with one or more insurance    205          

companies providing group life and health, medical, hospital,      207          

dental, or surgical insurance, or any combination thereof,         208          

covering all such employees;                                       209          

      (3)  A policy that may include, but is not limited to,       211          

hospitalization, surgical, major medical, dental, vision, and      212          

medical care, disability, hearing aids, prescription drugs, group  213          

life, life, sickness, and accident insurance, group legal          214          

services, or a combination of the above benefits for some or all   215          

of the employees paid in accordance with section 124.152 of the    216          

Revised Code and for some or all of the employees listed in        217          

divisions (B)(2) and (4) of section 124.14 of the Revised Code,    218          

and their immediate dependents.                                    219          

      (B)  If a state employee uses all accumulated sick leave     222          

and then goes on an extended medical disability, the policyholder  223          

shall continue at no cost to the employee the coverage of the      224          

group life insurance for such employee for the period of such      225          

extended leave, but not beyond three years.                                     

      (C)  If a state employee insured under a group life          228          

insurance policy as provided in division (A) of this section is    229          

laid off pursuant to section 124.32 of the Revised Code, such                   

employee by request to the policyholder, made no later than the    230          

effective date of the layoff, may elect to continue the            231          

employee's group life insurance for the one-year period through    232          

which the employee may be considered to be on laid-off status by   233          

                                                          7      

                                                                 
paying the policyholder through payroll deduction or otherwise     235          

twelve times the monthly premium computed at the existing average  236          

rate for the group life case for the amount of the employee's      237          

insurance thereunder at the time of the employee's layoff.  The    239          

policyholder shall pay the premiums to the insurance company at    241          

the time of the next regular monthly premium payment for the       242          

actively insured employees and furnish the company appropriate     243          

data as to such laid-off employees.  At the time an employee       244          

receives written notice of a layoff, the policyholder shall also   245          

give such employee written notice of the opportunity to continue   246          

group life insurance in accordance with this division.  When such  248          

laid-off employee is reinstated for active work before the end of  249          

the one-year period, the employee shall be reclassified as         251          

insured again as an active employee under the group and            252          

appropriate refunds for the number of full months of unearned      253          

premium payment shall be made by the policyholder.                              

      (D)  This section does not affect the conversion rights of   255          

an insured employee when the employee's group insurance            256          

terminates under the policy.                                       257          

      (E)  Notwithstanding division (A) of this section, the       259          

department may provide benefits equivalent to those that may be    260          

paid under a policy issued by an insurance company, or the         261          

department may, to comply with a collectively bargained contract,  262          

enter into an agreement with a jointly administered trust fund     263          

which receives contributions pursuant to a collective bargaining   264          

agreement entered into between this state, or any of its           265          

political subdivisions, and any collective bargaining              266          

representative of the employees of this state or any political     267          

subdivision for the purpose of providing for self-insurance of     268          

all risk in the provision of fringe benefits similar to those      269          

that may be paid pursuant to division (A) of this section, and     270          

the jointly administered trust fund may provide through the        271          

self-insurance method specific fringe benefits as authorized by    272          

the rules of the board of trustees of the jointly administered     273          

                                                          8      

                                                                 
trust fund.  Amounts from the fund may be used to pay direct and   274          

indirect costs that are attributable to consultants or a           275          

third-party administrator and that are necessary to administer     276          

this section.  Benefits provided under this section include, but   277          

are not limited to, hospitalization, surgical care, major medical  278          

care, disability, dental care, vision care, medical care, hearing  279          

aids, prescription drugs, group life insurance, sickness and       280          

accident insurance, group legal services, or a combination of the  281          

above benefits, for the employees and their immediate dependents.  282          

      (F)  Notwithstanding any other provision of the Revised      284          

Code, any public employer, including the state, and any of its     285          

political subdivisions, including, but not limited to, any         286          

county, county hospital, municipal corporation, township, park     287          

district, school district, state institution of higher education,  288          

public or special district, state agency, authority, commission,   289          

or board, or any other branch of public employment, and any        290          

collective bargaining representative of employees of the state or  291          

any political subdivision may agree in a collective bargaining     292          

agreement that any mutually agreed fringe benefit including, but   293          

not limited to, hospitalization, surgical care, major medical      294          

care, disability, dental care, vision care, medical care, hearing  295          

aids, prescription drugs, group life insurance, sickness and       296          

accident insurance, group legal services, or a combination         297          

thereof, for employees and their dependents be provided through a  298          

mutually agreed upon contribution to a jointly administered trust  299          

fund.  Amounts from the fund may be used to pay direct and         300          

indirect costs that are attributable to consultants or a           301          

third-party administrator and that are necessary to administer     302          

this section.  The amount, type, and structure of fringe benefits  304          

provided under this division is subject to the determination of    305          

the board of trustees of the jointly administered trust fund.      306          

Notwithstanding any other provision of the Revised Code,           307          

competitive bidding does not apply to the purchase of fringe       308          

benefits for employees under this division through a jointly       309          

                                                          9      

                                                                 
administered trust fund.                                           310          

      Sec. 124.82.  (A)  Except as provided in division (D) of     319          

this section, the department of administrative services, in        320          

consultation with the superintendent of insurance, shall, in       321          

accordance with competitive selection procedures of Chapter 125.   322          

of the Revised Code, contract with an insurance company or a       324          

nonprofit health plan in combination with an insurance company,    325          

authorized to do business in this state, for the issuance of a     326          

policy or contract of health, medical, hospital, dental, or        327          

surgical benefits, or any combination thereof, covering state      328          

employees who are paid directly by warrant of the auditor of       329          

state, including elected state officials.  The department may      330          

fulfill its obligation under this division by exercising its       331          

authority under division (A)(2) of section 124.81 of the Revised   332          

Code.                                                                           

      (B)  The department may, in addition, in consultation with   334          

the superintendent of insurance, negotiate and contract with       335          

health care INSURING corporations organized HOLDING A CERTIFICATE  337          

OF AUTHORITY under Chapter 1738. 1751. of the Revised Code, in     338          

their APPROVED service areas only, for issuance of any policy or   339          

policies or contract or contracts of health, medical, hospital,    340          

dental, or surgical benefits, or any combination thereof, or with  341          

health maintenance organizations organized under Chapter 1742. of  342          

the Revised Code, in their service areas only, for issuance of a   343          

contract or contracts of health care services, covering state      344          

employees who are paid directly by warrant of the auditor of       345          

state, including elected state officials.  Except for health care  346          

corporation and health maintenance organization plans INSURING     347          

CORPORATIONS, no more than one insurance carrier or nonprofit      348          

health plan, shall be contracted with to provide the same plan of  350          

benefits, provided that:                                                        

      (1)  The amount of the premium or cost for such coverage     352          

contributed by the state, for an individual or for an individual   353          

and his THE INDIVIDUAL'S family, does not exceed that same amount  355          

                                                          10     

                                                                 
of the premium or cost contributed by the state under division     356          

(A) of this section;                                               357          

      (2)  The employee be permitted to exercise his THE option    359          

as to which plan he THE EMPLOYEE will select under division (A)    360          

or (B) of this section, at a set time each year, which time shall  362          

be determined by the department;                                   363          

      (3)  The health care INSURING corporations or the health     365          

maintenance organizations do not refuse to accept the employee,    366          

or the employee and his THE EMPLOYEE'S family, if he THE EMPLOYEE  368          

exercises the option to select care provided by the corporations   369          

or organizations;                                                               

      (4)  The employee may choose participation in only one of    371          

the plans sponsored by the department;                             372          

      (5)  The director of health examines and certifies to the    374          

department that the quality and adequacy of care rendered by the   375          

health care INSURING corporations or the health maintenance        376          

organizations meet at least the standards of care provided by      377          

hospitals and physicians in that employee's community, who would   378          

be providing such care as would be covered by a contract awarded   379          

under division (A) of this section.                                380          

      (C)  All or any portion of the cost, premium, or charge for  382          

the coverage in divisions (A) and (B) of this section may be paid  383          

in such manner or combination of manners as the department         384          

determines and may include the proration of health care costs,     385          

premiums, or charges for part-time employees.                      386          

      (D)  Notwithstanding division (A) of this section, the       388          

department may provide benefits equivalent to those that may be    389          

paid under a policy or contract issued by an insurance company or  390          

a nonprofit health plan pursuant to division (A) of this section.  391          

      (E)  This section does not prohibit the state office of      393          

collective bargaining from entering into an agreement with an      394          

employee representative for the purposes of providing fringe       395          

benefits including, but not limited to, hospitalization, surgical  396          

care, major medical care, disability, dental care, vision care,    397          

                                                          11     

                                                                 
medical care, hearing aids, prescription drugs, group life         398          

insurance, sickness and accident insurance, group legal services   399          

or other benefits, or any combination thereof, to employees paid   400          

directly by warrant of the auditor of state through a jointly      401          

administered trust fund.  The employer's contribution for the      402          

cost of the benefit care shall be mutually agreed to in the        403          

collectively bargained agreement.  The amount, type, and           404          

structure of fringe benefits provided under this division is       405          

subject to the determination of the board of trustees of the       406          

jointly administered trust fund.  Notwithstanding any other        407          

provision of the Revised Code, competitive bidding does not apply  408          

to the purchase of fringe benefits for employees under this        409          

division when such benefits are provided through a jointly         410          

administered trust fund.                                           411          

      Sec. 124.822.  (A)  The department of administrative         421          

services shall require, as a condition of entering into a          422          

contract with a health maintenance organization INSURING           423          

CORPORATION that desires to provide health care services to state  425          

employees, including elected public officials, who are paid        426          

directly by warrant of the auditor of state and who reside within  427          

its APPROVED service area, that the health maintenance             428          

organization INSURING CORPORATION enroll at least five hundred of  429          

such eligible state employees, or at least five per cent of such   430          

eligible state employees, whichever is less.                       431          

      (B)  Division (A) of this section applies only to contracts  433          

that are entered into or renewed on or after the effective date    434          

of this section JULY 16, 1991.                                     435          

      Sec. 124.84.  (A)  The department of administrative          444          

services, in consultation with the superintendent of insurance     445          

and subject to division (D) of this section, shall negotiate and   446          

contract with, one or more insurance companies, medical or health  448          

care INSURING corporations, or health maintenance organizations    450          

authorized to operate or do business in this state for the                      

purchase of a policy of long-term care insurance covering all      452          

                                                          12     

                                                                 
state employees who are paid directly by warrant of the auditor    453          

of state, including elected state officials.  Any policy           454          

purchased under this division shall be negotiated and entered      455          

into in accordance with the competitive selection procedures       456          

specified in Chapter 125. of the Revised Code.  As used in this    457          

section, "long-term care insurance" has the same meaning as in     458          

section 3923.41 of the Revised Code.                               459          

      (B)  Any elected state official or state employee paid       461          

directly by warrant of the auditor of state may elect to           462          

participate in any long-term care insurance policy purchased       463          

under division (A) of this section and any official or employee    464          

who does so shall be responsible for paying the entire premium     465          

charged, which shall be deducted from the official's or            466          

employee's salary or wage and be remitted by the auditor of state  468          

directly to the insurance company, medical or health care          469          

INSURING corporation, or health maintenance organization.          470          

Participation in the policy may include the dependents and family  471          

members of the elected state official or state employee.           472          

      If a participant in a long-term care insurance policy        474          

leaves employment, the participant and the participant's           476          

dependents and family members may, at their election, continue to  477          

participate in a policy established under this section in the      478          

same manner as if the participant had not left employment.         479          

      (C)  Any long-term care insurance policy purchased under     481          

this section or section 124.841 or 145.581 of the Revised Code     482          

shall provide for all of the following with respect to the         483          

premiums charged for the policy:                                   484          

      (1)  They shall be set at the entry age of the official or   486          

employee when first covered by the policy and shall not increase   487          

except as a class during coverage under the policy.                488          

      (2)  They shall be based on the class of all officials or    490          

employees covered by the policy.                                   491          

      (3)  They shall continue, pursuant to section 145.581 of     493          

the Revised Code, after the retirement of the official or          494          

                                                          13     

                                                                 
employee who is covered under the policy, at the rate in effect    495          

on the date of the official's or employee's retirement.            496          

      (D)  Prior to entering into a contract with an insurance     498          

company, medical or health care INSURING corporation, or health    500          

maintenance organization for the purchase of a long-term care                   

insurance policy under this section, the department shall request  501          

the superintendent of insurance to certify the financial           502          

condition of the company, OR corporation, or organization.  The    504          

department shall not enter into the contract if, according to      505          

that certification, the company, OR corporation, or organization   507          

is insolvent, is determined by the superintendent to be                         

potentially unable to fulfill its contractual obligations, or is   509          

placed under an order of rehabilitation or conservation by a       510          

court of competent jurisdiction or under an order of supervision   511          

by the superintendent.                                             512          

      (E)  The department shall adopt rules in accordance with     514          

section 111.15 of the Revised Code governing long-term care        515          

insurance purchased under this section.  The rules shall           516          

establish methods of payment for participation under this          517          

section, which may include establishment of a payroll deduction    518          

plan.                                                              519          

      Sec. 124.841.  (A)  As used in this section:                 528          

      (1)  "Long-term care insurance" has the same meaning as in   530          

section 3923.41 of the Revised Code.                               531          

      (2)  "Political subdivision" has the same meaning as in      533          

section 9.833 of the Revised Code.                                 534          

      (B)  Any political subdivision may negotiate with and may    536          

contract with, one or more insurance companies, medical or health  538          

care INSURING corporations, or health maintenance organizations    539          

authorized to operate or do business in this state for the                      

purchase of a policy of long-term care insurance covering all      540          

elected officials and employees of the political subdivision.      542          

The contract may be entered into without competitive bidding.      543          

Any elected official or employee of a political subdivision may    544          

                                                          14     

                                                                 
elect to participate in any long-term care insurance policy that   545          

the political subdivision purchases under this division and any    546          

official or employee who does so shall be responsible for paying   547          

the entire premium charged, which shall be deducted from his THE   548          

OFFICIAL'S OR EMPLOYEE'S salary or wage and be remitted directly   549          

to the insurance company, medical or health care INSURING          550          

corporation, or health maintenance organization.                   551          

      (C)  Any long-term care insurance policy entered into under  553          

this section is subject to division (C) of section 124.84 of the   554          

Revised Code.                                                      555          

      Sec. 124.92.  If the superintendent of insurance has         564          

approved all or a portion of a service area expansion of a health  565          

maintenance organization INSURING CORPORATION into an additional   566          

county or counties, the department of administrative services      567          

shall authorize the organization CORPORATION, at the next open     568          

enrollment period conducted by the department, to participate in   569          

the open enrollment for state employees who reside in the          570          

expanded service area, if both of the following apply:                          

      (A)  The open enrollment is conducted in accordance with     572          

section 1742.12 1751.15 of the Revised Code;                       573          

      (B)  Prior to the expansion of the service area, fewer than  575          

two health maintenance organizations INSURING CORPORATIONS were    576          

available to state employees in the county or counties into which  578          

the organization CORPORATION expanded.                                          

      Sec. 124.93.  (A)  As used in this section, "physician"      587          

means any person who holds a valid certificate to practice         588          

medicine and surgery or osteopathic medicine and surgery issued    589          

under Chapter 4731. of the Revised Code.                           590          

      (B)  No health maintenace organization INSURING CORPORATION  592          

that, on or after the effective date of this section JULY 1,       595          

1993, enters into or renews a contract with the department of      596          

administrative services under section 124.82 of the Revised Code   597          

shall, because of a physician's race, color, religion, sex,        598          

national origin, handicap, age, or ancestry, refuse to contract    599          

                                                          15     

                                                                 
with that physician for the provision of health care services      600          

under that section.                                                601          

      Any health maintenance organization INSURING CORPORATION     603          

that violates this division is deemed to have engaged in an        604          

unlawful discriminatory practice as defined in section 4112.02 of  605          

the Revised Code and is subject to Chapter 4112. of the Revised    606          

Code.                                                                           

      (C)  Each health maintenance organization INSURING           608          

CORPORATION that, on or after the efective date of this section    610          

JULY 1, 1993, enters into or renews a contract with the            612          

department of administrative services under section 124.82 of the  613          

Revised Code and that refuses to contract with a physician for     614          

the provision of health care services under that section shall     615          

provide that physician with a written notice that clearly          616          

explains the reason or reasons for the refusal.  The notice shall  617          

be sent to the physician by regular mail within thirty days after  618          

the refusal.                                                                    

      Any health maintenance organization INSURING CORPORATION     620          

that fails to provide notice in compliance with this division is   621          

deemed to have engaged in an unfair and deceptive act or practice  622          

in the business of insurance as defined in section 3901.21 of the  623          

Revised Code and is subject to sections 3901.19 to 3901.26 of the  624          

Revised Code.                                                                   

      Sec. 145.58.  (A)  As used in this section, "ineligible      633          

individual" means all of the following:                            634          

      (1)  A former member receiving benefits pursuant to section  636          

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code     637          

for whom eligibility is established more than five years after     638          

June 13, 1981, and who, at the time of establishing eligibility,   639          

has accrued less than ten years' service credit, exclusive of      640          

credit obtained pursuant to section 145.297 or 145.298 of the      641          

Revised Code, credit obtained after January 29, 1981, pursuant to  642          

section 145.293 or 145.301 of the Revised Code, and credit         643          

obtained after May 4, 1992, pursuant to section 145.28 of the      644          

                                                          16     

                                                                 
Revised Code;                                                      645          

      (2)  The spouse of the former member;                        647          

      (3)  The beneficiary of the former member receiving          649          

benefits pursuant to section 145.46 of the Revised Code.           650          

      (B)  The public employees retirement board may enter into    652          

agreements with insurance companies, medical or health care        653          

INSURING corporations, health maintenance organizations, or        655          

government agencies authorized to do business in the state for     656          

issuance of a policy or contract of health, medical, hospital, or  657          

surgical benefits, or any combination thereof, for those           658          

individuals receiving age and service retirement or a disability   660          

or survivor benefit subscribing to the plan, or for PERS           661          

retirants employed under section 145.38 of the Revised Code, for   662          

coverage of benefits in accordance with division (D)(4)(b) of      663          

section 145.38 of the Revised Code.  Notwithstanding any other     664          

provision of this chapter, the policy or contract may also         665          

include coverage for any eligible individual's spouse and          666          

dependent children and for any of the individual's sponsored       667          

dependents as the board determines appropriate.  If all or any     669          

portion of the policy or contract premium is to be paid by any     670          

individual receiving age and service retirement or a disability    671          

or survivor benefit, the individual shall, by written              672          

authorization, instruct the board to deduct the premium agreed to  674          

be paid by the individual to the company, corporation, or agency.  676          

      The board may contract for coverage on the basis of part or  679          

all of the cost of the coverage to be paid from appropriate funds  680          

of the public employees retirement system.  The cost paid from     681          

the funds of the system shall be included in the employer's        683          

contribution rate provided by sections 145.48 and 145.51 of the    684          

Revised Code.  The board may by rule provide coverage to           685          

ineligible individuals if the coverage is provided at no cost to   686          

the retirement system.  The board shall not pay or reimburse the   687          

cost for coverage under this section or section 145.325 of the     688          

Revised Code for any ineligible individual.                                     

                                                          17     

                                                                 
      The board may provide for self-insurance of risk or level    690          

of risk as set forth in the contract with the companies,           691          

corporations, or agencies, and may provide through the             692          

self-insurance method specific benefits as authorized by rules of  693          

the board.                                                         694          

      (C)  If the board provides health, medical, hospital, or     696          

surgical benefits through any means other than a health            697          

maintenance organization INSURING CORPORATION, it shall offer to   698          

each individual eligible for the benefits the alternative of       701          

receiving benefits through enrollment in a health maintenance      703          

organization INSURING CORPORATION, if all of the following apply:  705          

      (1)  The health maintenance organization INSURING            707          

CORPORATION provides services in the geographical area in which    709          

the individual lives;                                              710          

      (2)  The eligible individual was receiving health care       712          

benefits through a health maintenance organization OR A HEALTH     714          

INSURING CORPORATION before retirement;                            715          

      (3)  The rate and coverage provided by the health            717          

maintenance organization INSURING CORPORATION to eligible          718          

individuals is comparable to that currently provided by the board  721          

under division (B) of this section.  If the rate or coverage       722          

provided by the health maintenance organization INSURING           723          

CORPORATION is not comparable to that currently provided by the    725          

board under division (B) of this section, the board may deduct     726          

the additional cost from the eligible individual's monthly         727          

benefit.                                                                        

      The health maintenance organization INSURING CORPORATION     729          

shall accept as an enrollee any eligible individual who requests   731          

enrollment.                                                                     

      The board shall permit each eligible individual to change    733          

from one plan to another at least once a year at a time            735          

determined by the board.                                           736          

      (D)  The board shall, beginning the month following receipt  738          

of satisfactory evidence of the payment for coverage, pay monthly  739          

                                                          18     

                                                                 
to each recipient of service retirement, or a disability or        740          

survivor benefit under the public employees retirement system who  741          

is eligible for medical insurance coverage under part B of Title   742          

XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42        743          

U.S.C.A. 1395j, as amended, an amount equal to the basic premium   744          

for such coverage, except that the board shall make no such        746          

payment to any ineligible individual.                                           

      (E)  The board shall establish by rule requirements for the  748          

coordination of any coverage, payment, or benefit provided under   750          

this section or section 145.325 of the Revised Code with any       751          

similar coverage, payment, or benefit made available to the same   752          

individual by the police and firemen's disability and pension                   

fund, state teachers retirement system, school employees           753          

retirement system, or state highway patrol retirement system.      754          

      (F)  The board shall make all other necessary rules          758          

pursuant to the purpose and intent of this section.                759          

      Sec. 145.581.  (A)  As used in this section:                 768          

      (1)  "Long-term care insurance" has the same meaning as in   770          

section 3923.41 of the Revised Code.                               771          

      (2)  "Retirement systems" means the public employees         773          

retirement system, the police and firemen's disability and         775          

pension fund, the state teachers retirement system, the school     776          

employees retirement system, and the state highway patrol          777          

retirement system.                                                 778          

      (B)  The public employees retirement board shall establish   780          

a long-term care insurance program consisting of the programs      781          

authorized by divisions (C) and (D) of this section.  Such         782          

program may be established independently or jointly with one or    783          

more of the other retirement systems.  If the program is           784          

established jointly, the board shall adopt rules in accordance     785          

with section 111.15 of the Revised Code to establish the terms     786          

and conditions of such joint participation.                        787          

      (C)  The board shall establish a program under which it      789          

makes long-term care insurance available to any person who         790          

                                                          19     

                                                                 
participated in a policy of long-term care insurance for which     791          

the state or a political subdivision contracted under section      792          

124.84 or 124.841 of the Revised Code and is the recipient of a    793          

pension, benefit, or allowance from the system.  To implement the  794          

program under this division, the board, subject to division (E)    795          

of this section, may enter into an agreement with the insurance    796          

company, medical or health care INSURING corporation, health       798          

maintenance organization, or government agency that provided the                

insurance.  The board shall, under any such agreement, deduct the  799          

full premium charged from the person's benefit, pension, or        800          

allowance notwithstanding any employer agreement to the contrary.  801          

      Any long-term care insurance policy entered into under this  803          

division is subject to division (C) of section 124.84 of the       804          

Revised Code.                                                      805          

      (D)(1)  The board, subject to division (E) of this section,  807          

shall establish a program under which a recipient of a pension,    808          

benefit, or allowance from the system who is not eligible for      809          

such insurance under division (C) of this section may participate  810          

in a contract for long-term care insurance.  Participation may     811          

include the recipient's dependents and family members.             812          

      (2)  The board shall adopt rules in accordance with section  814          

111.15 of the Revised Code governing the program.  The rules       815          

shall establish methods of payment for participation under this    816          

section, which may include deduction of the full premium charged   817          

from a recipient's pension, benefit, or allowance, or any other    818          

method of payment considered appropriate by the board.             819          

      (E)  Prior to entering into any agreement or contract with   821          

an insurance company, medical or health care INSURING              823          

corporation, or health maintenance organization for the purchase                

of, or participation in, a long-term care insurance policy under   824          

this section, the board shall request the superintendent of        825          

insurance to certify the financial condition of the company, OR    826          

corporation, or organization.  The board shall not enter into the  827          

agreement or contract if, according to that certification, the     829          

                                                          20     

                                                                 
company, OR corporation, or organization is insolvent, is          830          

determined by the superintendent to be potentially unable to       831          

fulfill its contractual obligations, or is placed under an order   832          

of rehabilitation or conservation by a court of competent          833          

jurisdiction or under an order of supervision by the               834          

superintendent.                                                    835          

      Sec. 305.171.  (A)  The board of county commissioners of     844          

any county may contract for, purchase, or otherwise procure and    845          

pay all or any part of the cost of group insurance policies that   846          

may provide benefits including, but not limited to,                847          

hospitalization, surgical care, major medical care, disability,    848          

dental care, eye care, medical care, hearing aids, or              849          

prescription drugs, and that may provide sickness and accident     850          

insurance, group legal services, or group life insurance, or a     851          

combination of any of the foregoing types of insurance or          852          

coverage for county officers and employees and their immediate     853          

dependents from the funds or budgets from which the officers or    854          

employees are compensated for services, issued by an insurance     855          

company, a medical care corporation organized under Chapter 1737.  856          

of the Revised Code, or a dental care corporation organized under  857          

Chapter 1740. of the Revised Code.                                 858          

      (B)  The board also may negotiate and contract for any plan  860          

or plans of group insurance or health care services with health    861          

care INSURING corporations organized HOLDING A CERTIFICATE OF      863          

AUTHORITY under Chapter 1738. 1751. of the Revised Code and        864          

health maintenance organizations organized under Chapter 1742. of  865          

the Revised Code, provided that each officer or employee shall be  866          

permitted to do both of the following:                                          

      (1)  Exercise an option between a plan offered by an         868          

insurance company, medical care corporation, or dental care        869          

corporation, and such plan or plans offered by health care         870          

INSURING corporations or health maintenance organizations under    871          

this division, on the condition that the officer or employee       872          

shall pay any amount by which the cost of the plan chosen by such  873          

                                                          21     

                                                                 
officer or employee pursuant to this division exceeds the cost of  874          

the plan offered under division (A) of this section;               875          

      (2)  Change from one of the plans to another at a time each  877          

year as determined by the board.                                   878          

      (C)  Section 307.86 of the Revised Code does not apply to    880          

the purchase of benefits for county officers or employees under    881          

divisions (A) and (B) of this section when those benefits are      882          

provided through a jointly administered health and welfare trust   883          

fund in which the county or contracting authority and a            884          

collective bargaining representative of the county employees or    885          

contracting authority agree to participate.                        886          

      (D)  The board of trustees of a jointly administered trust   888          

fund that receives contributions pursuant to collective            889          

bargaining agreements entered into between the board of county     890          

commissioners of any county and a collective bargaining            891          

representative of the employees of the county may provide for      892          

self-insurance of all risk in the provision of fringe benefits,    893          

and may provide through the self-insurance method specific fringe  894          

benefits as authorized by the rules of the board of trustees of    895          

the jointly administered trust fund.  The fringe benefits may      896          

include, but are not limited to, hospitalization, surgical care,   897          

major medical care, disability, dental care, vision care, medical  898          

care, hearing aids, prescription drugs, group life insurance,      899          

sickness and accident insurance, group legal services, or a        900          

combination of any of the foregoing types of insurance or          901          

coverage, for employees and their dependents.                      902          

      (E)  The board of county commissioners may provide the       904          

benefits described in divisions (A) to (D) of this section         905          

through an individual self-insurance program or a joint            906          

self-insurance program as provided in section 9.833 of the         907          

Revised Code.                                                      908          

      (F)  When a board of county commissioners offers health      910          

benefits authorized under this section to an officer or employee   911          

of the county, the board may offer the benefits through a          912          

                                                          22     

                                                                 
cafeteria plan meeting the requirements of section 125 of the      913          

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125,  914          

as amended, and, as part of that plan, may offer the officer or                 

employee the option of receiving a cash payment in any form        915          

permissible under such cafeteria plans.  A cash payment made to    916          

an officer or employee under this division shall not exceed        917          

twenty-five per cent of the cost of premiums or payments that      918          

otherwise would be paid by the board for benefits for the officer  919          

or employee under a policy or plan.                                             

      (G)  The board of county commissioners may establish a       921          

policy authorizing any county appointing authority to make a cash  922          

payment to any officer or employee in lieu of providing a benefit  923          

authorized under this section if the officer or employee elects    924          

to take the cash payment instead of the offered benefit.  A cash   925          

payment made to an officer or employee under this division shall                

not exceed twenty-five per cent of the cost of premiums or         926          

payments that otherwise would be paid by the board for benefits    927          

for the officer or employee under an offered policy or plan.       928          

      (H)  No cash payment in lieu of a health benefit shall be    930          

made to a county officer or employee under division (F) or (G) of  931          

this section unless the officer or employee signs a statement      932          

affirming that he THE OFFICER OR EMPLOYEE is covered under         933          

another health insurance or health care policy, contract, or       934          

plan, and setting forth the name of the employer, if any, that     935          

sponsors the coverage, the name of the carrier that provides the                

coverage, and the identifying number of the policy, contract, or   936          

plan.                                                                           

      (I)(1)  As used in this division:                            938          

      (a)  "County-operated municipal court" and "legislative      940          

authority" have the same meanings as in section 1901.03 of the     941          

Revised Code.                                                      942          

      (b)  "Health care coverage" has the same meaning as in       944          

section 1901.111 of the Revised Code.                              945          

      (2)  The legislative authority of a county-operated          947          

                                                          23     

                                                                 
municipal court, after consultation with the judges, or the clerk  948          

and deputy clerks, of the municipal court, shall negotiate and     949          

contract for, purchase, or otherwise procure, and pay the costs,   950          

premiums, or charges for, group health care coverage for the       951          

judges, and group health care coverage for the clerk and deputy    952          

clerks, in accordance with section 1901.111 or 1901.312 of the     953          

Revised Code.                                                      954          

      Sec. 306.48.  A regional transit authority may procure and   963          

pay all or any part of the cost of group hospitalization,          964          

surgical, major medical, or sickness and accident insurance or a   965          

combination of any of the foregoing for the officers and           966          

employees of the regional transit authority and their immediate                 

dependents, whether issued by an insurance company, or nonprofit   967          

medical care A HEALTH INSURING corporation duly authorized to do   968          

business in this state.                                            969          

      Sec. 307.86.  Anything to be purchased, leased, leased with  978          

an option or agreement to purchase, or constructed, including,     979          

but not limited to, any product, structure, construction,          980          

reconstruction, improvement, maintenance, repair, or service,      981          

except the services of an accountant, architect, attorney at law,  982          

physician, professional engineer, construction project manager,    983          

consultant, surveyor, or appraiser by or on behalf of the county   984          

or contracting authority, as defined in section 307.92 of the      985          

Revised Code, at a cost in excess of fifteen thousand dollars,     986          

except as otherwise provided in division (D) of section 713.23     987          

and in sections 125.04, 307.022, 307.041, 307.861, 339.05,         988          

340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,    989          

5713.01, and 6137.05 of the Revised Code, shall be obtained        990          

through competitive bidding.  However, competitive bidding is not  991          

required when:                                                     992          

      (A)  The board of county commissioners, by a unanimous vote  994          

of its members, makes a determination that a real and present      995          

emergency exists and such determination and the reasons therefor   996          

are entered in the minutes of the proceedings of the board, when:  997          

                                                          24     

                                                                 
      (1)  The estimated cost is less than fifty thousand          999          

dollars; or                                                        1,000        

      (2)  There is actual physical disaster to structures, radio  1,002        

communications equipment, or computers.                            1,003        

      Whenever a contract of purchase, lease, or construction is   1,005        

exempted from competitive bidding under division (A)(1) of this    1,006        

section because the estimated cost is less than fifty thousand     1,007        

dollars, but the estimated cost is fifteen thousand dollars or     1,008        

more, the county or contracting authority shall solicit informal   1,009        

estimates from no fewer than three persons who could perform the   1,010        

contract, before awarding the contract.  With regard to each such  1,011        

contract, the county or contracting authority shall maintain a     1,012        

record of such estimates, including the name of each person from   1,013        

whom an estimate is solicited, for no less than one year after     1,014        

the contract is awarded.                                           1,015        

      (B)  The purchase consists of supplies or a replacement or   1,017        

supplemental part or parts for a product or equipment owned or     1,018        

leased by the county and the only source of supply for such        1,019        

supplies, part, or parts is limited to a single supplier.          1,020        

      (C)  The purchase is from the federal government, state,     1,022        

another county or contracting authority thereof, a board of        1,023        

education, township, or municipal corporation.                     1,024        

      (D)  Public social services are purchased for provision by   1,026        

the county department of human services under section 329.04 of    1,027        

the Revised Code or program services, such as direct and           1,028        

ancillary client services, child day-care, case management         1,029        

services, residential services, and family resource services, are  1,030        

purchased for provision by a county board of mental retardation    1,031        

and developmental disabilities under section 5126.05 of the        1,032        

Revised Code.                                                      1,033        

      (E)  The purchase consists of human and social services by   1,035        

the board of county commissioners from nonprofit corporations or   1,036        

associations under programs which are funded entirely by the       1,037        

federal government.                                                1,038        

                                                          25     

                                                                 
      (F)  The purchase consists of any form of an insurance       1,040        

policy or contract authorized to be issued under Title XXXIX of    1,041        

the Revised Code or any form of health care contract or plan       1,042        

authorized to be issued under Chapter 1736., 1737., 1740., or      1,043        

1742. 1751. of the Revised Code, or any combination of such        1,044        

policies, contracts, or plans that the contracting authority is    1,045        

authorized to purchase, and the contracting authority does all of  1,046        

the following:                                                     1,047        

      (1)  Determines that compliance with the requirements of     1,049        

this section would increase, rather than decrease, the cost of     1,050        

such purchase;                                                     1,051        

      (2)  Employs a competent consultant to assist the            1,053        

contracting authority in procuring appropriate coverages at the    1,054        

best and lowest prices;                                            1,055        

      (3)  Requests issuers of such policies, contracts, or plans  1,057        

to submit proposals to the contracting authority, in a form        1,058        

prescribed by the contracting authority, setting forth the         1,059        

coverage and cost of such policies, contracts, or plans as the     1,060        

contracting authority desires to purchase;                         1,061        

      (4)  Negotiates with such issuers for the purpose of         1,063        

purchasing such policies, contracts, or plans at the best and      1,064        

lowest price reasonably possible.                                  1,065        

      (G)  The purchase consists of computer hardware, software,   1,067        

or consulting services that are necessary to implement a           1,068        

computerized case management automation project administered by    1,069        

the Ohio prosecuting attorneys association and funded by a grant   1,070        

from the federal government.                                       1,071        

      (H)  Child day-care services are purchased for provision to  1,073        

county employees.                                                  1,074        

      (I)(1)  Property, including land, buildings, and other real  1,076        

property, is leased for offices, storage, parking, or other        1,077        

purposes and all of the following apply:                           1,078        

      (a)  The contracting authority is authorized by the Revised  1,080        

Code to lease the property;                                        1,081        

                                                          26     

                                                                 
      (b)  The contracting authority develops requests for         1,083        

proposals for leasing the property, specifying the criteria that   1,084        

will be considered prior to leasing the property, including the    1,085        

desired size and geographic location of the property;              1,086        

      (c)  The contracting authority receives responses from       1,088        

prospective lessors with property meeting the criteria specified   1,089        

in the requests for proposals by giving notice in a manner         1,090        

substantially similar to the procedures established for giving     1,091        

notice under section 307.87 of the Revised Code;                   1,092        

      (d)  The contracting authority negotiates with the           1,094        

prospective lessors to obtain a lease at the best and lowest       1,095        

price reasonably possible considering the fair market value of     1,096        

the property and any relocation and operational costs that may be  1,097        

incurred during the period the lease is in effect.                 1,099        

      (2)  The contracting authority may use the services of a     1,101        

real estate appraiser to obtain advice, consultations, or other    1,102        

recommendations regarding the lease of property under this         1,103        

division.                                                          1,104        

      Any issuer of policies, contracts, or plans listed in        1,106        

division (F) of this section and any prospective lessor under      1,107        

division (I) of this section may have his THE ISSUER'S OR          1,108        

PROSPECTIVE LESSOR'S name and address, or the name and address of  1,110        

an agent, placed on a special notification list to be kept by the  1,111        

contracting authority, by sending the contracting authority such   1,112        

name and address.  The contracting authority shall send notice to  1,113        

all persons listed on the special notification list.  Notices      1,114        

shall state the deadline and place for submitting proposals.  The  1,115        

contracting authority shall mail the notices at least six weeks    1,116        

prior to the deadline set by the contracting authority for         1,117        

submitting such proposals. Every five years the contracting        1,118        

authority may review this list and remove any person from the      1,119        

list after mailing the person notification of such action.         1,120        

      Any contracting authority that negotiates a contract under   1,122        

division (F) of this section shall request proposals and           1,123        

                                                          27     

                                                                 
renegotiate with issuers in accordance with that division at       1,124        

least every three years from the date of the signing of such a     1,125        

contract.                                                          1,126        

      Any consultant employed pursuant to division (F) of this     1,128        

section and any real estate appraiser employed pursuant to         1,129        

division (I) of this section shall disclose any fees or            1,130        

compensation received from any source in connection with that      1,131        

employment.                                                                     

      Sec. 339.16.  A board of trustees of any county hospital,    1,140        

or of any county or district tuberculosis hospital, may contract   1,141        

for, purchase, or otherwise procure on behalf of any or all of     1,142        

its employees or such employees and their immediate dependents     1,143        

the following types of fringe benefits:                            1,144        

      (A)  Group or individual insurance contracts which may       1,146        

include life, sickness, accident, disability, annuities,           1,147        

endowment, health, medical expense, hospital, dental, surgical     1,148        

and related coverage or any combination thereof;                   1,149        

      (B)  Group or individual contracts with medical care         1,151        

corporations, health care INSURING corporations, dental care       1,153        

corporations, or other providers of professional services, care,   1,154        

or benefits duly authorized to do business in this state.                       

      A board of trustees of any county hospital, or of any        1,156        

county or district tuberculosis hospital, may contract for,        1,157        

purchase, or otherwise procure insurance contracts which provide   1,158        

protection for the trustees and employees against liability,       1,159        

including professional liability, provided that this section or    1,160        

any insurance contract issued pursuant to this section shall not   1,161        

be construed as a waiver of or in any manner affect the immunity   1,162        

of the hospital or county.                                         1,163        

      All or any portion of the cost, premium, fees, or charges    1,165        

therefor may be paid in such manner or combination of manners as   1,166        

the board of trustees may determine, including direct payment by   1,167        

the employee, and, if authorized in writing by the employee, by    1,168        

the board of trustees with moneys made available by deduction      1,169        

                                                          28     

                                                                 
from or reduction in salary or wages or by the foregoing of a      1,170        

salary or wage increase.                                           1,171        

      Notwithstanding sections 3917.01 and 3917.06 of the Revised  1,173        

Code, the board of trustees may purchase group life insurance      1,174        

authorized by this section by reason of payment of premiums        1,175        

therefor by the board of trustees from its funds, and such group   1,176        

life insurance may be issued and purchased if otherwise            1,177        

consistent with sections 3917.01 to 3917.06 of the Revised Code.   1,178        

      Sec. 351.08.  (A)  A convention facilities authority may     1,187        

procure and pay any or all of the cost of group hospitalization,   1,188        

surgical, major medical, sickness and accident insurance, or       1,189        

group life insurance, or a combination of any of the foregoing     1,190        

types of insurance or coverage for full-time employees and their   1,191        

dependents, whether issued by an insurance company or a medical    1,192        

care corporation, duly authorized to do business in this state.    1,193        

      (B)  A convention facilities authority also may procure and  1,195        

pay any or all of the cost of a plan of group hospitalization,     1,196        

surgical, or major medical insurance with a health care INSURING   1,197        

corporation with a certificate of authority or license issued      1,198        

under Chapter 1738. 1751. of the Revised Code, provided that each  1,200        

full-time employee shall be permitted to:                                       

      (1)  Exercise an option between a plan offered by an         1,202        

insurance company or medical care corporation as provided in       1,203        

division (A) of this section and a plan offered by a health care   1,204        

INSURING corporation under this division, on the condition that    1,205        

the full-time employee shall pay the amount by which the cost of   1,206        

the plan offered in this division exceeds the cost of the plan     1,207        

offered under division (A) of this section; and                    1,208        

      (2)  Change from one of the two plans to the other at a      1,210        

time each year as determined by the convention facilities          1,211        

authority.                                                         1,212        

      Sec. 505.60.  (A)  The board of township trustees of any     1,221        

township may procure and pay all or any part of the cost of        1,222        

insurance policies that may provide benefits for hospitalization,  1,223        

                                                          29     

                                                                 
surgical care, major medical care, disability, dental care, eye    1,224        

care, medical care, hearing aids, prescription drugs, or sickness  1,225        

and accident insurance, or a combination of any of the foregoing   1,226        

types of insurance for township officers and employees.  If the    1,227        

board so procures any such insurance policies, the board shall     1,228        

provide uniform coverage under these policies for township         1,229        

officers and full-time township employees and their immediate      1,230        

dependents and may provide coverage under these policies for       1,231        

part-time township employees and their immediate dependents, from  1,232        

the funds or budgets from which the officers or employees are      1,233        

compensated for services, whether such policies are TO BE issued   1,235        

by an insurance company, a medical care corporation organized                   

under Chapter 1737. of the Revised Code, or a dental care          1,236        

corporation organized under Chapter 1740. of the Revised Code      1,237        

duly authorized to do business in this state.  Any township        1,238        

officer or employee may refuse to accept the insurance coverage    1,239        

without affecting the availability of such insurance coverage to   1,240        

other township officers and employees.                             1,241        

      The board may also contract for group insurance or health    1,243        

care services with health care INSURING corporations organized     1,245        

HOLDING CERTIFICATES OF AUTHORITY under Chapter 1738. 1751. of     1,246        

the Revised Code and health maintenance organizations organized    1,247        

under Chapter 1742. of the Revised Code for township officers and  1,248        

employees.  If the board so contracts, it shall provide uniform    1,249        

coverage under any such contracts for township officers and        1,250        

full-time township employees and their immediate dependents and    1,251        

may provide coverage under such contracts for part-time township   1,252        

employees and their immediate dependents, provided that each       1,253        

officer and employee so covered is permitted to:                   1,254        

      (1)  Choose between a plan offered by an insurance company,  1,256        

medical care corporation, or dental care corporation and a plan    1,257        

offered by a health care INSURING corporation or health            1,258        

maintenance organization, and provided further that the officer    1,259        

or employee pays any amount by which the cost of the plan chosen   1,261        

                                                          30     

                                                                 
by him exceeds the cost of the plan offered by the board under     1,262        

this section;                                                      1,263        

      (2)  Change his THE choice MADE under division (A) of this   1,266        

section at a time each year as determined in advance by the        1,267        

board.                                                                          

      An addition of a class or change of definition of coverage   1,269        

to the plan offered by the board may be made at any time that it   1,270        

is determined by the board to be in the best interest of the       1,271        

township.  If the total cost to the township of the revised plan   1,272        

for any trustee's coverage does not exceed that cost under the     1,273        

plan in effect during the prior policy year, the revision of the   1,274        

plan does not cause an increase in that trustee's compensation.    1,275        

      The board may provide the benefits authorized under this     1,277        

section, without competitive bidding, by contributing to a health  1,278        

and welfare trust fund administered through or in conjunction      1,279        

with a collective bargaining representative of the township        1,280        

employees.                                                         1,281        

      The board may also provide the benefits described in this    1,283        

section through an individual self-insurance program or a joint    1,284        

self-insurance program as provided in section 9.833 of the         1,285        

Revised Code.                                                      1,286        

      (B)  A board of township trustees may procure and pay all    1,288        

or any part of the cost of group life insurance to insure the      1,289        

lives of officers and full-time employees of the township.  The    1,290        

amount of group life insurance coverage provided by the board to   1,291        

insure the lives of officers of the township shall not exceed      1,292        

fifty thousand dollars per officer.                                1,293        

      (C)  If a board of township trustees fails to pay one or     1,295        

more premiums for a policy, contract, or plan of insurance or      1,296        

health care services authorized by division (A) of this section    1,297        

and the failure causes a lapse, cancellation, or other             1,298        

termination of coverage under the policy, contract, or plan, it    1,299        

may reimburse a township officer or employee for, or pay on        1,300        

behalf of the officer or employee, any expenses incurred that      1,301        

                                                          31     

                                                                 
would have been covered under the policy, contract, or plan.       1,302        

      (D)  As used in this section, "part-time township employee"  1,304        

means a township employee who is hired with the expectation that   1,305        

the employee will work not more than one thousand five hundred     1,306        

hours in any year.                                                 1,307        

      Sec. 742.45.  (A)  The board of trustees of the police and   1,316        

firemen's disability and pension fund may enter into an agreement  1,318        

with insurance companies, medical or health care INSURING          1,319        

corporations, health maintenance organizations, or government      1,321        

agencies authorized to do business in the state for issuance of a  1,322        

policy or contract of health, medical, hospital, or surgical       1,323        

benefits, or any combination thereof, for those individuals        1,324        

receiving service or disability pensions or survivor benefits      1,326        

subscribing to the plan.  Notwithstanding any other provision of   1,327        

this chapter, the policy or contract may also include coverage     1,328        

for any eligible individual's spouse and dependent children and    1,329        

for any of the eligible individual's sponsored dependents as the   1,331        

board considers appropriate.                                       1,332        

      If all or any portion of the policy or contract premium is   1,334        

to be paid by any individual receiving a service, disability, or   1,336        

survivor pension or benefit, the individual shall, by written      1,338        

authorization, instruct the board to deduct from the individual's  1,340        

benefit the premium agreed to be paid by the individual to the     1,341        

company, corporation, or agency.                                   1,343        

      The board may contract for coverage on the basis of part or  1,346        

all of the cost of the coverage to be paid from appropriate funds  1,347        

of the police and firemen's disability and pension fund.  The      1,348        

cost paid from the funds of the police and firemen's disability    1,349        

and pension fund shall be included in the employer's contribution  1,350        

rates provided by sections 742.33 and 742.34 of the Revised Code.  1,352        

      The board may provide for self-insurance of risk or level    1,354        

of risk as set forth in the contract with the companies,           1,355        

corporations, or agencies, and may provide through the             1,356        

self-insurance method specific benefits as authorized by the       1,357        

                                                          32     

                                                                 
rules of the board.                                                1,358        

      (B)  If the board provides health, medical, hospital, or     1,360        

surgical benefits through any means other than a health            1,361        

maintenance organization INSURING CORPORATION, it shall offer to   1,362        

each individual eligible for the benefits the alternative of       1,365        

receiving benefits through enrollment in a health maintenance      1,366        

organization INSURING CORPORATION, if all of the following apply:  1,368        

      (1)  The health maintenance organization INSURING            1,370        

CORPORATION provides HEALTH CARE services in the geographical      1,372        

area in which the individual lives;                                1,373        

      (2)  The eligible individual was receiving health care       1,375        

benefits through a health maintenance organization OR A HEALTH     1,377        

INSURING CORPORATION before retirement;                            1,378        

      (3)  The rate and coverage provided by the health            1,380        

maintenance organization INSURING CORPORATION to eligible          1,381        

individuals is comparable to that currently provided by the board  1,384        

under division (A) of this section.  If the rate or coverage       1,385        

provided by the health maintenance organization INSURING           1,386        

CORPORATION is not comparable to that currently provided by the    1,388        

board under division (A) of this section, the board may deduct     1,389        

the additional cost from the eligible individual's monthly         1,390        

benefit.                                                                        

      The health maintenance organization INSURING CORPORATION     1,392        

shall accept as an enrollee any eligible individual who requests   1,394        

enrollment.                                                                     

      The board shall permit each eligible individual to change    1,396        

from one plan to another at least once a year at a time            1,398        

determined by the board.                                           1,399        

      (C)  The board shall, beginning the month following receipt  1,401        

of satisfactory evidence of the payment for coverage, pay monthly  1,402        

to each recipient of service, disability, or survivor benefits     1,404        

under the police and firemen's disability and pension fund who is  1,405        

eligible for medical insurance coverage under part B of "The       1,406        

Social Security Amendments of 1965," 79 Stat. 301, 42 U.S.C.A.     1,407        

                                                          33     

                                                                 
1395j, as amended, an amount equal to the basic premiums for such  1,408        

coverage.                                                                       

      (D)  The board shall establish by rule requirements for the  1,410        

coordination of any coverage, payment, or benefit provided under   1,411        

this section with any similar coverage, payment, or benefit made   1,412        

available to the same individual by the public employees           1,414        

retirement system, state teachers retirement system, school                     

employees retirement system, or state highway patrol retirement    1,415        

system.                                                                         

      (E)  The board shall make all other necessary rules          1,417        

pursuant to the purpose and intent of this section.                1,418        

      Sec. 742.53.  (A)  As used in this section:                  1,427        

      (1)  "Long-term care insurance" has the same meaning as in   1,429        

section 3923.41 of the Revised Code.                               1,430        

      (2)  "Retirement systems" has the same meaning as in         1,432        

division (A) of section 145.581 of the Revised Code.               1,433        

      (B)  The board of trustees of the police and firemen's       1,435        

disability and pension fund shall establish a program under which  1,436        

members of the fund, employers on behalf of members, and persons   1,437        

receiving service or disability pensions or survivor benefits are  1,438        

permitted to participate in contracts for long-term care           1,439        

insurance.  Participation may include dependents and family        1,440        

members.  If a participant in a contract for long-term care        1,441        

insurance leaves his employment, he THE PARTICIPANT and his THE    1,443        

PARTICIPANT'S dependents and family members may, at their          1,444        

election, continue to participate in a program established under   1,445        

this section in the same manner as if he THE PARTICIPANT had not   1,446        

left his employment, except that no part of the cost of the        1,448        

insurance shall be paid by his THE PARTICIPANT'S former employer.  1,449        

      Such program may be established independently or jointly     1,451        

with one or more of the other retirement systems.                  1,452        

      (C)  The fund may enter into an agreement with insurance     1,454        

companies, medical or health care INSURING corporations, health    1,456        

maintenance organizations, or government agencies authorized to                 

                                                          34     

                                                                 
do business in the state for issuance of a long-term care          1,457        

insurance policy or contract.  However, prior to entering into     1,458        

such an agreement with an insurance company, medical or health     1,459        

care INSURING corporation, or health maintenance organization,     1,461        

the fund shall request the superintendent of insurance to certify  1,462        

the financial condition of the company, OR corporation, or         1,463        

organization.  The fund shall not enter into the agreement if,     1,464        

according to that certification, the company, OR corporation, or   1,465        

organization is insolvent, is determined by the superintendent to  1,467        

be potentially unable to fulfill its contractual obligations, or   1,468        

is placed under an order of rehabilitation or conservation by a    1,469        

court of competent jurisdiction or under an order of supervision   1,470        

by the superintendent.                                             1,471        

      (D)  The board shall adopt rules in accordance with section  1,473        

111.15 of the Revised Code governing the program.  The rules       1,474        

shall establish methods of payment for participation under this    1,475        

section, which may include establishment of a payroll deduction    1,476        

plan under section 742.56 of the Revised Code, deduction of the    1,477        

full premium charged from a person's service or disability         1,478        

pension or survivor benefit, or any other method of payment        1,479        

considered appropriate by the board.  If the program is            1,480        

established jointly with one or more of the other retirement       1,481        

systems, the rules also shall establish the terms and conditions   1,482        

of such joint participation.                                       1,483        

      Sec. 1319.12.  (A)(1)  As used in this section, "collection  1,493        

agency" means any person who, for compensation, contingent or      1,494        

otherwise, or for other valuable consideration, offers services    1,495        

to collect an alleged debt asserted to be owed to another.         1,496        

      (2)  "Collection agency" does not mean a person whose        1,498        

collection activities are confined to and directly related to the  1,500        

operation of another business, including, but not limited to, the  1,501        

following:                                                                      

      (a)  Any bank, including the trust department of a bank,     1,504        

trust company, savings and loan association, savings bank, credit  1,505        

                                                          35     

                                                                 
union, or fiduciary as defined in section 1339.03 of the Revised   1,507        

Code, except those that own or operate a collection agency;        1,509        

      (b)  Any real estate broker, real estate salesperson,        1,512        

limited real estate broker, or limited real estate salesperson,    1,513        

as these persons are defined in section 4735.01 of the Revised     1,514        

Code;                                                                           

      (c)  Any retail seller collecting its own accounts;          1,517        

      (d)  Any insurance company authorized to do business in      1,519        

this state under Title XXXIX of the Revised Code or a health       1,520        

maintenance organization INSURING CORPORATION authorized to        1,521        

operate in this state under Chapter 1742. 1751. of the Revised     1,522        

Code;                                                                           

      (e)  Any public officer or judicial officer acting under     1,524        

order of a court;                                                               

      (f)  Any licensee as defined either in section 1321.01 or    1,526        

1321.71 of the Revised Code, or any registrant as defined in       1,527        

section 1321.51 of the Revised Code;                               1,528        

      (g)  Any public utility.                                     1,530        

      (B)  A collection agency with a place of business in this    1,533        

state may take assignment of another person's accounts, bills, or  1,535        

other evidences of indebtedness in its own name for the purpose    1,536        

of billing, collecting, or filing suit in its own name as the      1,537        

real party in interest.                                                         

      (C)  No collection agency shall commence litigation for the  1,540        

collection of an assigned account, bill, or other evidence of      1,541        

indebtedness unless it has taken the assignment in accordance      1,542        

with all of the following requirements:                            1,543        

      (1)  The assignment was voluntary, properly executed, and    1,545        

acknowledged by the person transferring title to the collection    1,546        

agency.                                                            1,547        

      (2)  The collection agency did not require the assignment    1,549        

as a condition to listing the account, bill, or other evidence of  1,551        

indebtedness with the collection agency for collection.                         

      (3)  The assignment was manifested by a written agreement    1,553        

                                                          36     

                                                                 
separate from and in addition to any document intended for the     1,554        

purpose of listing the account, bill, or other evidence of         1,555        

indebtedness with the collection agency.  The written agreement    1,556        

must state the effective date of the assignment and the            1,557        

consideration paid or given, if any, for the assignment, and must  1,559        

expressly authorize the collection agency to refer the assigned    1,560        

account, bill, or other evidence of indebtedness to an attorney    1,561        

admitted to the practice of law in this state for the                           

commencement of litigation.  The written agreement must also       1,562        

disclose that the collection agency may, for purposes of filing    1,563        

an action, consolidate the assigned account, bill, or other        1,564        

evidence of indebtedness with those of other creditors against an  1,565        

individual debtor or co-debtors.                                                

      (4)  Upon the effective date of the assignment to the        1,567        

collection agency, the creditor's account maintained by the        1,568        

collection agency in connection with the assigned account, bill,   1,569        

or other evidence of indebtedness was canceled.                    1,570        

      (D)  A collection agency shall commence litigation for the   1,573        

collection of an assigned account, bill, or other evidence of      1,574        

indebtedness in a court of competent jurisdiction located in the   1,575        

county in which the debtor resides, or in the case of co-debtors,  1,576        

a county in which at least one of the co-debtors resides.          1,577        

      (E)  No collection agency shall commence any litigation      1,580        

authorized by this section unless the agency appears by an         1,581        

attorney admitted to the practice of law in this state.            1,582        

      (F)  This section does not affect the powers and duties of   1,584        

any person described in division (A)(2) of this section.           1,585        

      (G)  Nothing in this section relieves a collection agency    1,587        

from complying with the "Fair Debt Collection Practices Act," 91   1,588        

Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any      1,589        

debtor of the right to assert defenses as provided in section      1,590        

1317.031 of the Revised Code and 16 C.F.R. 433, as amended.        1,591        

      (H)  For purposes of filing an action, a collection agency   1,594        

that has taken an assignment or assignments pursuant to this       1,595        

                                                          37     

                                                                 
section may consolidate the assigned accounts, bills, or other     1,596        

evidences of indebtedness of one or more creditors against an      1,597        

individual debtor or co-debtors.  Each separate assigned account,  1,598        

bill, or evidence of indebtedness must be separately identified    1,599        

and pled in any consolidated action authorized by this section.    1,600        

If a debtor or co-debtor raises a good faith dispute concerning    1,601        

any account, bill, or other evidence of indebtedness, the court    1,602        

shall separate each disputed account, bill, or other evidence of   1,603        

indebtedness from the action and hear the disputed account, bill,  1,605        

or other evidence of indebtedness on its own merits in a separate  1,606        

action.  The court shall charge the filing fee of the separate     1,607        

action to the losing party.                                                     

      Sec. 1337.16.  (A)  No physician, health care facility,      1,616        

other health care provider, person authorized to engage in the     1,617        

business of insurance in this state under Title XXXIX of the       1,618        

Revised Code, medical care corporation, health care INSURING       1,620        

corporation, health maintenance organization, other health care    1,621        

plan, or legal entity that is self-insured and provides benefits   1,622        

to its employees or members shall require an individual to create  1,623        

or refrain from creating a durable power of attorney for health    1,624        

care, or shall require an individual to revoke or refrain from     1,625        

revoking a durable power of attorney for health care, as a         1,626        

condition of being admitted to a health care facility, being       1,627        

provided health care, being insured, or being the recipient of     1,628        

benefits.                                                          1,629        

      (B)(1)  Subject to division (B)(2) of this section, an       1,631        

attending physician of a principal or a health care facility in    1,632        

which a principal is confined may refuse to comply or allow        1,633        

compliance with the instructions of an attorney in fact under a    1,634        

durable power of attorney for health care on the basis of a        1,635        

matter of conscience or on another basis.  An employee or agent    1,636        

of an attending physician of a principal or of a health care       1,637        

facility in which a principal is confined may refuse to comply     1,638        

with the instructions of an attorney in fact under a durable       1,639        

                                                          38     

                                                                 
power of attorney for health care on the basis of a matter of      1,640        

conscience.                                                        1,641        

      (2)(a)  An attending physician of a principal who, or        1,643        

health care facility in which a principal is confined that, is     1,644        

not willing or not able to comply or allow compliance with the     1,645        

instructions of an attorney in fact under a durable power of       1,646        

attorney for health care to use or continue, or to withhold or     1,647        

withdraw, health care that were given under division (A) of        1,648        

section 1337.13 of the Revised Code, or with any probate court     1,649        

reevaluation order issued pursuant to division (D)(6) of this      1,650        

section, shall not prevent or attempt to prevent, or unreasonably  1,651        

delay or attempt to unreasonably delay, the transfer of the        1,652        

principal to the care of a physician who, or a health care         1,653        

facility that, is willing and able to so comply or allow           1,654        

compliance.                                                        1,655        

      (b)  If the instruction of an attorney in fact under a       1,657        

durable power of attorney for health care that is given under      1,658        

division (A) of section 1337.13 of the Revised Code is to use or   1,659        

continue life-sustaining treatment in connection with a principal  1,660        

who is in a terminal condition or in a permanently unconscious     1,661        

state, the attending physician of the principal who, or the        1,662        

health care facility in which the principal is confined that, is   1,663        

not willing or not able to comply or allow compliance with that    1,664        

instruction shall use or continue the life-sustaining treatment    1,665        

or cause it to be used or continued until a transfer as described  1,666        

in division (B)(2)(a) of this section is made.                     1,667        

      (C)  Sections 1337.11 to 1337.17 of the Revised Code and a   1,669        

durable power of attorney for health care created under section    1,670        

1337.12 of the Revised Code do not affect or limit the authority   1,671        

of a physician or a health care facility to provide or not to      1,672        

provide health care to a person in accordance with reasonable      1,673        

medical standards applicable in an emergency situation.            1,674        

      (D)(1)  If the attending physician of a principal and one    1,676        

other physician who examines the principal determine that he THE   1,677        

                                                          39     

                                                                 
PRINCIPAL is in a terminal condition or in a permanently           1,679        

unconscious state, if the attending physician additionally         1,680        

determines that the principal has lost the capacity to make        1,681        

informed health care decisions for himself THE PRINCIPAL and that  1,682        

there is no reasonable possibility that the principal will regain  1,684        

the capacity to make informed health care decisions for himself    1,685        

THE PRINCIPAL, and if the attorney in fact under the principal's   1,687        

durable power of attorney for health care makes a health care      1,688        

decision pertaining to the use or continuation, or the             1,689        

withholding or withdrawal, of life-sustaining treatment, the       1,690        

attending physician shall do all of the following:                 1,691        

      (a)  Record the determinations and health care decision in   1,693        

the principal's medical record;                                    1,694        

      (b)  Make a good faith effort, and use reasonable            1,696        

diligence, to notify the appropriate individual or individuals,    1,697        

in accordance with the following descending order of priority, of  1,698        

the determinations and health care decision:                       1,699        

      (i)  If any, the guardian of the principal.  This division   1,701        

does not permit or require the appointment of a guardian for the   1,702        

principal.                                                         1,703        

      (ii)  The principal's spouse;                                1,705        

      (iii)  The principal's adult children who are available      1,707        

within a reasonable period of time for consultation with the       1,708        

principal's attending physician;                                   1,709        

      (iv)  The principal's parents;                               1,711        

      (v)  An adult sibling of the principal or, if there is more  1,713        

than one adult sibling, a majority of the principal's adult        1,714        

siblings who are available within a reasonable period of time for  1,715        

such consultation.                                                 1,716        

      (c)  Record in the principal's medical record the names of   1,717        

the individual or individuals notified pursuant to division        1,718        

(D)(1)(b) of this section and the manner of notification;          1,719        

      (d)  Afford time for the individual or individuals notified  1,721        

pursuant to division (D)(1)(b) of this section to object in the    1,722        

                                                          40     

                                                                 
manner described in division (D)(3)(a) of this section.            1,723        

      (2)(a)  If, despite making a good faith effort, and despite  1,725        

using reasonable diligence, to notify the appropriate individual   1,726        

or individuals described in division (D)(1)(b) of this section,    1,727        

the attending physician cannot notify the individual or            1,728        

individuals of the determinations and health care decision         1,729        

because the individual or individuals are deceased, cannot be      1,730        

located, or cannot be notified for some other reason, the          1,731        

requirements of divisions (D)(1)(b), (c), and (d) of this section  1,732        

and, except as provided in division (D)(3)(b) of this section,     1,733        

the provisions of divisions (D)(3) to (6) of this section shall    1,734        

not apply in connection with the principal.  However, the          1,735        

attending physician shall record in the principal's medical        1,736        

record information pertaining to the reason for the failure to     1,737        

provide the requisite notices and information pertaining to the    1,738        

nature of the good faith effort and reasonable diligence used.     1,739        

      (b)  The requirements of divisions (D)(1)(b), (c), and (d)   1,741        

of this section and, except as provided in division (D)(3)(b) of   1,742        

this section, the provisions of divisions (D)(3) to (6) of this    1,743        

section shall not apply in connection with the principal if only   1,744        

one individual would have to be notified pursuant to division      1,745        

(D)(1)(b) of this section and that individual is the attorney in   1,746        

fact under the durable power of attorney for health care.          1,747        

However, the attending physician of the principal shall record in  1,748        

the principal's medical record information indicating that no      1,749        

notice was given pursuant to division (D)(1)(b) of this section    1,750        

because of the provisions of division (D)(2)(b) of this section.   1,751        

      (3)(a)  Within forty-eight hours after receipt of a notice   1,753        

pursuant to division (D)(1) of this section, any individual so     1,754        

notified shall advise the attending physician of the principal     1,755        

whether he THE INDIVIDUAL objects on a basis specified in          1,756        

division (D)(4)(c) of this section.  If an objection as described  1,758        

in that division is communicated to the attending physician,       1,759        

then, within two business days after the communication, the        1,760        

                                                          41     

                                                                 
individual shall file a complaint as described in division (D)(4)  1,761        

of this section in the probate court of the county in which the    1,762        

principal is located.  If the individual fails to so file a        1,763        

complaint, his THE INDIVIDUAL'S objections as described in         1,765        

division (D)(4)(c) of this section shall be considered to be       1,766        

void.                                                                           

      (b)  Within forty-eight hours after the priority individual  1,768        

or any member of a priority class of individuals receives a        1,769        

notice pursuant to division (D)(1) of this section or within       1,770        

forty-eight hours after information pertaining to an unnotified    1,771        

priority individual or unnotified priority class of individuals    1,772        

is recorded in a principal's medical record pursuant to division   1,773        

(D)(2)(a) or (b) of this section, the individual or a majority of  1,774        

the individuals in the next class of individuals that pertains to  1,775        

the principal in the descending order of priority set forth in     1,776        

divisions (D)(1)(b)(i) to (v) of this section shall advise the     1,777        

attending physician of the principal whether he THE INDIVIDUAL or  1,779        

they MAJORITY object on a basis specified in division (D)(4)(c)    1,780        

of this section.  If an objection as described in that division    1,781        

is communicated to the attending physician, then, within two       1,782        

business days after the communication, the objecting individual    1,783        

or majority shall file a complaint as described in division        1,784        

(D)(4) of this section in the probate court of the county in       1,785        

which the principal is located. If the objecting individual or     1,786        

majority fails to file a complaint, his or their THE objections    1,787        

as described in division (D)(4)(c) of this section shall be        1,788        

considered to be void.                                                          

      (4)  A complaint of an individual that is filed in           1,790        

accordance with division (D)(3)(a) of this section or of an        1,791        

individual or majority of individuals that is filed in accordance  1,792        

with division (D)(3)(b) of this section shall satisfy all of the   1,793        

following:                                                         1,794        

      (a)  Name any health care facility in which the principal    1,796        

is confined;                                                       1,797        

                                                          42     

                                                                 
      (b)  Name the principal, his THE PRINCIPAL'S attending       1,799        

physician, and the consulting physician associated with the        1,801        

determination that the principal is in a terminal condition or in  1,802        

a permanently unconscious state;                                   1,803        

      (c)  Indicate whether the plaintiff or plaintiffs object on  1,805        

one or more of the following bases:                                1,806        

      (i)  To the attending physician's determination that the     1,808        

principal has lost the capacity to make informed health care       1,809        

decisions for himself THE PRINCIPAL;                               1,810        

      (ii)  To the attending physician's determination that there  1,812        

is no reasonable possibility that the principal will regain the    1,813        

capacity to make informed health care decisions for himself THE    1,814        

PRINCIPAL;                                                         1,815        

      (iii)  That, in exercising his THE ATTORNEY IN FACT'S        1,817        

authority, the attorney in fact is not acting consistently with    1,819        

the desires of the principal or, if the desires of the principal   1,820        

are unknown, in the best interest of the principal;                1,821        

      (iv)  That the durable power of attorney for health care     1,823        

has expired or otherwise is no longer effective;                   1,824        

      (v)  To the attending physician's and consulting             1,826        

physician's determinations that the principal is in a terminal     1,827        

condition or in a permanently unconscious state;                   1,828        

      (vi)  That the attorney in fact's health care decision       1,830        

pertaining to the use or continuation, or the withholding or       1,831        

withdrawal, of life-sustaining treatment is not authorized by the  1,832        

durable power of attorney for health care or is prohibited under   1,833        

section 1337.13 of the Revised Code;                               1,834        

      (vii)  That the durable power of attorney for health care    1,836        

was executed when the principal was not of sound mind or was       1,837        

under or subject to duress, fraud, or undue influence;             1,838        

      (viii)  That the durable power of attorney for health care   1,840        

otherwise does not substantially comply with section 1337.12 of    1,841        

the Revised Code.                                                  1,842        

      (d)  Request the probate court to issue one or more of the   1,844        

                                                          43     

                                                                 
following types of orders:                                         1,845        

      (i)  An order to the attending physician to reevaluate, in   1,847        

light of the court proceedings, the determination that the         1,848        

principal has lost the capacity to make informed health care       1,849        

decisions for himself THE PRINCIPAL, the determination that the    1,850        

principal is in a terminal condition or in a permanently           1,852        

unconscious state, or the determination that there is no           1,853        

reasonable possibility that the principal will regain the          1,854        

capacity to make informed health care decisions for himself THE    1,855        

PRINCIPAL;                                                                      

      (ii)  An order to the attorney in fact to act consistently   1,857        

with the desires of the principal or, if the desires of the        1,858        

principal are unknown, in the best interest of the principal in    1,859        

exercising his THE ATTORNEY IN FACT'S authority, or to make only   1,860        

health care decisions pertaining to life-sustaining treatment      1,862        

that are authorized by the durable power of attorney for health    1,863        

care and that are not prohibited under section 1337.13 of the      1,864        

Revised Code;                                                                   

      (iii)  An order invalidating the durable power of attorney   1,866        

for health care because it has expired or otherwise is no longer   1,867        

effective, it was executed when the principal was not of sound     1,868        

mind or was under or subject to duress, fraud, or undue            1,869        

influence, or it otherwise does not substantially comply with      1,870        

section 1337.12 of the Revised Code.                               1,871        

      (e)  Be accompanied by an affidavit of the plaintiff or      1,872        

plaintiffs that includes averments relative to whether he THE      1,873        

PLAINTIFF is an individual or they THE PLAINTIFFS are individuals  1,875        

as described in division (D)(1)(b)(i), (ii), (iii), (iv), or (v)   1,877        

of this section and to the factual basis for his THE PLAINTIFF'S   1,878        

or their THE PLAINTIFFS' objections;                               1,879        

      (f)  Name any individuals who were notified by the           1,881        

attending physician in accordance with division (D)(1)(b) of this  1,882        

section and who are not joining in the complaint as plaintiffs;    1,883        

      (g)  Name, in the caption of the complaint, as defendants    1,885        

                                                          44     

                                                                 
the attending physician of the principal, the attorney in fact     1,886        

under the durable power of attorney for health care, the           1,887        

consulting physician associated with the determination that the    1,888        

principal is in a terminal condition or in a permanently           1,889        

unconscious state, any health care facility in which the           1,890        

principal is confined, and any individuals who were notified by    1,891        

the attending physician in accordance with division (D)(1)(b) of   1,892        

this section and who are not joining in the complaint as           1,893        

plaintiffs.                                                        1,894        

      (5)  Notwithstanding any contrary provision of the Revised   1,896        

Code or of the Rules of Civil Procedure, the state and persons     1,897        

other than an objecting individual as described in division        1,898        

(D)(3)(a) of this section, other than an objecting individual or   1,899        

majority of individuals as described in division (D)(3)(b) of      1,900        

this section, and other than persons described in division         1,901        

(D)(4)(g) of this section are prohibited from commencing a civil   1,902        

action under division (D) of this section and from joining or      1,903        

being joined as parties to an action commenced under division (D)  1,904        

of this section, including joining by way of intervention.         1,905        

      (6)(a)  A probate court in which a complaint as described    1,907        

in division (D)(4) of this section is filed within the period      1,908        

specified in division (D)(3)(a) or (b) of this section shall       1,909        

conduct a hearing on the complaint after a copy of it and a        1,910        

notice of the hearing have been served upon the defendants.  The   1,911        

clerk of the probate court in which the complaint is filed shall   1,912        

cause the complaint and the notice of the hearing to be so served  1,913        

in accordance with the Rules of Civil Procedure, which service     1,914        

shall be made, if possible, within three days after the filing of  1,915        

the complaint.  The hearing shall be conducted at the earliest     1,916        

possible time, but no later than the third business day after      1,917        

such service has been completed.  Immediately following the        1,918        

hearing, the court shall enter on its journal its determination    1,919        

whether a requested order will be issued.                          1,920        

      (b)  If the health care decision of the attorney in fact     1,922        

                                                          45     

                                                                 
authorized the use or continuation of life-sustaining treatment    1,923        

and if the plaintiff or plaintiffs requested a reevaluation order  1,924        

to the attending physician of the principal or an order to the     1,925        

attorney in fact as described in division (D)(4)(d)(i) or (ii) of  1,926        

this section, the court shall issue the requested order only if    1,927        

it finds that the plaintiff or plaintiffs have established a       1,928        

factual basis for the objection or objections involved by clear    1,929        

and convincing evidence and, if applicable, to a reasonable        1,930        

degree of medical certainty and in accordance with reasonable      1,931        

medical standards.                                                 1,932        

      (c)  If the health care decision of the attorney in fact     1,934        

authorized the withholding or withdrawal of life-sustaining        1,935        

treatment and if the plaintiff or plaintiffs requested a           1,936        

reevaluation order to the attending physician of the principal or  1,937        

an order to the attorney in fact as described in division          1,938        

(D)(4)(d)(i) or (ii) of this section, the court shall issue the    1,939        

requested order only if it finds that the plaintiff or plaintiffs  1,940        

have established a factual basis for the objection or objections   1,941        

involved by a preponderance of the evidence and, if applicable,    1,942        

to a reasonable degree of medical certainty and in accordance      1,943        

with reasonable medical standards.                                 1,944        

      (d)  If the plaintiff or plaintiffs requested an             1,946        

invalidation order as described in division (D)(4)(d)(iii) of      1,947        

this section, the court shall issue the order only if it finds     1,948        

that the plaintiff or plaintiffs have established a factual basis  1,949        

for the objection or objections involved by clear and convincing   1,950        

evidence.                                                          1,951        

      (e)  If the court issues a reevaluation order to the         1,953        

principal's attending physician pursuant to division (D)(6)(b) or  1,954        

(c) of this section, the attending physician shall make the        1,955        

requisite reevaluation.  If, after doing so, the attending         1,956        

physician again determines that the principal has lost the         1,957        

capacity to make informed health care decisions for himself THE    1,958        

PRINCIPAL, that the principal is in a terminal condition or in a   1,960        

                                                          46     

                                                                 
permanently unconscious state, or that there is no reasonable      1,961        

possibility that the principal will regain the capacity to make    1,962        

informed health care decisions for himself THE PRINCIPAL, the      1,963        

attending physician shall notify the court in writing of the       1,966        

determination and comply with division (B)(2) of this section.     1,967        

      (E)(1)  In connection with the provision of comfort care in  1,969        

a manner consistent with divisions (C) and (E) of section 1337.13  1,970        

of the Revised Code to a principal who is in a terminal condition  1,971        

or in a permanently unconscious state, nothing in sections         1,972        

1337.11 to 1337.17 of the Revised Code precludes the attending     1,973        

physician of the principal who carries out the responsibility to                

provide comfort care to the principal in good faith and while      1,974        

acting within the scope of his THE ATTENDING PHYSICIAN'S           1,975        

authority from prescribing, dispensing, administering, or causing  1,977        

to be administered any particular medical procedure, treatment,                 

intervention, or other measure to the principal, including, but    1,978        

not limited to, prescribing, dispensing, administering, or         1,979        

causing to be administered by judicious titration or in another    1,980        

manner any form of medication, for the purpose of diminishing his  1,981        

THE PRINCIPAL'S pain or discomfort and not for the purpose of      1,983        

postponing or causing his THE PRINCIPAL'S death, even though the   1,984        

medical procedure, treatment, intervention, or other measure may   1,986        

appear to hasten or increase the risk of the principal's death.    1,987        

In connection with the provision of comfort care in a manner       1,988        

consistent with divisions (C) and (E) of section 1337.13 of the                 

Revised Code to a principal who is in a terminal condition or in   1,989        

a permanently unconscious state, nothing in sections 1337.11 to    1,990        

1337.17 of the Revised Code precludes health care personnel        1,991        

acting under the direction of the principal's attending physician  1,992        

who carry out the responsibility to provide comfort care to the    1,993        

principal in good faith and while acting within the scope of                    

their authority from dispensing, administering, or causing to be   1,994        

administered any particular medical procedure, treatment,          1,995        

intervention, or other measure to the principal, including, but    1,996        

                                                          47     

                                                                 
not limited to, dispensing, administering, or causing to be        1,997        

administered by judicious titration or in another manner any form  1,998        

of medication, for the purpose of diminishing his THE PRINCIPAL'S  1,999        

pain or discomfort and not for the purpose of postponing or        2,000        

causing his THE PRINCIPAL'S death, even though the medical         2,002        

procedure, treatment, intervention, or other measure may appear                 

to hasten or increase the risk of the principal's death.           2,003        

      (2)  If, at any time, a priority individual or any member    2,005        

of a priority class of individuals under division (D)(1)(b) of     2,006        

this section or if, at any time, the individual or a majority of   2,008        

the individuals in the next class of individuals that pertains to  2,009        

the principal in the descending order of priority set forth in     2,010        

that division, believes in good faith that both of the following   2,011        

circumstances apply, the priority individual, the member of the    2,013        

priority class of individuals, or the individual or majority of    2,014        

individuals in the next class of individuals that pertains to the  2,015        

principal may commence an action in the probate court of the                    

county in which a principal who is in a terminal condition or      2,016        

permanently unconscious state is located for the issuance of an    2,017        

order mandating the use or continuation of comfort care in         2,018        

connection with the principal in a manner that is consistent with  2,019        

sections 1337.11 to 1337.17 of the Revised Code:                   2,020        

      (a)  Comfort care is not being used or continued in          2,022        

connection with the principal.                                     2,023        

      (b)  The withholding or withdrawal of the comfort care is    2,025        

contrary to sections 1337.11 to 1337.17 of the Revised Code.       2,026        

      (F)  Except as provided in divisions (D) and (E) of this     2,028        

section in connection with principals who are in a terminal        2,029        

condition or in a permanently unconscious state, sections 1337.11  2,030        

to 1337.17 of the Revised Code do not authorize the commencement   2,031        

of any civil action in a probate court or court of common pleas    2,033        

for the purpose of obtaining an order relative to a health care    2,034        

decision made by an attorney in fact under a durable power of      2,035        

attorney for health care.                                          2,036        

                                                          48     

                                                                 
      (G)  A durable power of attorney for health care, or other   2,038        

document, that is similar to a durable power of attorney for       2,039        

health care authorized by sections 1337.11 to 1337.17 of the       2,040        

Revised Code, that is or has been executed under the law of        2,041        

another state prior to, on, or after October 10, 1991, and that    2,042        

substantially complies with that law or with sections 1337.11 to   2,044        

1337.17 of the Revised Code shall be considered to be valid for    2,045        

purposes of those sections.                                                     

      Sec. 1545.071.  The board of park commissioners of any park  2,054        

district may procure and pay all or any part of the cost of group  2,055        

insurance policies that may provide benefits for hospitalization,  2,056        

surgical care, major medical care, disability, dental care, eye    2,057        

care, medical care, hearing aids, or prescription drugs, or        2,058        

sickness and accident insurance or a combination of any of the     2,059        

foregoing types of insurance or coverage for park district         2,060        

officers and employees and their immediate dependents issued by    2,061        

an insurance company, a medical care corporation organized under   2,062        

Chapter 1737. of the Revised Code, or a dental care corporation    2,063        

organized under Chapter 1740. of the Revised Code duly authorized  2,064        

to do business in this state.                                      2,065        

      The board may procure and pay all or any part of the cost    2,067        

of group life insurance to insure the lives of park district       2,068        

employees.                                                         2,069        

      The board also may contract for group insurance or health    2,071        

care services with health care INSURING corporations organized     2,073        

HOLDING A CERTIFICATE OF AUTHORITY under Chapter 1738. 1751. of    2,074        

the Revised Code and health maintenance organizations organized    2,075        

under Chapter 1742. of the Revised Code provided that each         2,076        

officer or employee is permitted to:                                            

      (A)  Choose between a plan offered by an insurance company,  2,078        

medical care corporation, or dental care corporation and a plan    2,079        

offered by a health care INSURING corporation or health            2,080        

maintenance organization and provided further that the officer or  2,082        

employee pays any amount by which the cost of the plan chosen by   2,083        

                                                          49     

                                                                 
him THE OFFICER OR EMPLOYEE exceeds the cost of the plan offered   2,084        

by the board under this section;                                   2,086        

      (B)  Change his THE choice MADE under division (A) of this   2,089        

section at a time each year as determined in advance by the                     

board.                                                                          

      Any appointed member of the board of park commissioners and  2,091        

the spouse and dependent children of the member may be covered,    2,092        

at the option and expense of the member, as a noncompensated       2,093        

employee of the park district under any benefit plan described in  2,094        

division (A) of this section.  The member shall pay to the park    2,095        

district the amount certified to it by the benefit provider as     2,096        

the provider's charge for the coverage the member has chosen       2,097        

under division (A) of this section.  Payments for coverage shall   2,098        

be made, in advance, in a manner prescribed by the board.  The     2,099        

member's exercise of an option to be covered under this section    2,100        

shall be in writing, announced at a regular public meeting of the  2,101        

board, and recorded as a public record in the minutes of the       2,102        

board.                                                             2,103        

      The board may provide the benefits authorized in this        2,105        

section by contributing to a health and welfare trust fund         2,106        

administered through or in conjunction with a collective           2,107        

bargaining representative of the park district employees.          2,108        

      The board may provide the benefits described in this         2,110        

section through an individual self-insurance program or a joint    2,111        

self-insurance program as provided in section 9.833 of the         2,112        

Revised Code.                                                      2,113        

      Sec. 1731.01.  As used in this chapter:                      2,122        

      (A)  "Alliance" or "small employer health care alliance"     2,124        

means an existing or newly created organization that has been      2,125        

granted a certificate of authority by the superintendent of        2,126        

insurance under section 1731.021 of the Revised Code and that is   2,127        

either of the following:                                           2,128        

      (1)  A chamber of commerce, trade association, professional  2,130        

organization, or any other organization that has all of the        2,131        

                                                          50     

                                                                 
following characteristics:                                         2,132        

      (a)  Is a nonprofit corporation or association;              2,134        

      (b)  Has members that include or are exclusively small       2,136        

employers;                                                         2,137        

      (c)  Sponsors or is part of a program to assist such small   2,139        

employer members to obtain coverage for their employees under one  2,140        

or more health benefit plans;                                      2,141        

      (d)  Is not directly or indirectly controlled, through       2,143        

voting membership, representation on its governing board, or       2,144        

otherwise, by any insurance company, person, firm, or corporation  2,145        

that sells insurance, any provider, or by persons who are          2,146        

officers, trustees, or directors of such enterprises, or by any    2,147        

combination of such enterprises or persons.                        2,148        

      (2)  A nonprofit corporation controlled by one or more       2,150        

organizations described in division (A)(1) of this section.        2,151        

      (B)  "Alliance program" or "alliance health care program"    2,153        

means a program sponsored by a small employer health care          2,154        

alliance that assists small employer members of such small         2,155        

employer health care alliance or any other small employer health   2,156        

care alliance to obtain coverage for their employees under one or  2,157        

more health benefit plans, and that includes at least one          2,158        

agreement between a small employer health care alliance and an     2,159        

insurer that contains the insurer's agreement to offer and sell    2,160        

one or more health benefit plans to such small employers and       2,161        

contains all of the other features required under section 1731.04  2,162        

of the Revised Code.                                               2,163        

      (C)  "Eligible employees, retirees, their dependents, and    2,165        

members of their families," as used together or separately, means  2,166        

the active employees of a small employer, or retired former        2,167        

employees of a small employer or predecessor firm or               2,168        

organization, their dependents or members of their families, who   2,169        

are eligible for coverage under the terms of the applicable        2,170        

alliance program.                                                  2,171        

      (D)  "Enrolled small employer" or "enrolled employer" means  2,173        

                                                          51     

                                                                 
a small employer that has obtained coverage for its eligible       2,174        

employees from an insurer under an alliance program.               2,175        

      (E)  "Health benefit plan" means any hospital or medical     2,177        

expense policy of insurance or A health care plan provided by an   2,178        

insurer, including a health maintenance organization INSURING      2,179        

CORPORATION plan and a preferred provider organization plan,       2,180        

provided by or through an insurer, or any combination thereof.     2,182        

"Health benefit plan" does not include any of the following:       2,183        

      (1)  A policy covering only accident, credit, dental,        2,185        

disability income, long-term care, hospital indemnity, medicare    2,186        

supplement, specified disease, OR vision care, or coverage issued  2,187        

by a health care corporation, except where any of the foregoing    2,188        

is offered as an addition, indorsement, or rider to a health       2,189        

benefit plan;                                                      2,190        

      (2)  Coverage issued as a supplement to liability            2,192        

insurance, insurance arising out of a workers' compensation or     2,193        

similar law, automobile medical-payment insurance, or insurance    2,194        

under which benefits are payable with or without regard to fault   2,195        

and which is statutorily required to be contained in any           2,196        

liability insurance policy or equivalent self-insurance;           2,197        

      (3)  COVERAGE ISSUED BY A HEALTH INSURING CORPORATION        2,199        

AUTHORIZED TO OFFER SUPPLEMENTAL HEALTH CARE SERVICES ONLY.        2,200        

      (F)  "Insurer" means an insurance company authorized to do   2,202        

the business of sickness and accident insurance in this state or,  2,203        

for the purposes of this chapter, a health maintenance             2,204        

organization INSURING CORPORATION authorized to issue health       2,205        

benefit CARE plans in this state.                                  2,206        

      (G)  "Participants" or "beneficiaries" means those eligible  2,208        

employees, retirees, their dependents, and members of their        2,209        

families who are covered by health benefit plans provided by an    2,210        

insurer to enrolled small employers under an alliance program.     2,211        

      (H)  "Provider" means a hospital, urgent care facility,      2,213        

nursing home, physician, podiatrist, dentist, pharmacist,          2,214        

chiropractor, certified registered nurse anesthetist, dietitian,   2,215        

                                                          52     

                                                                 
health maintenance organization, or other health care provider     2,216        

licensed by this state, or group of such health care providers.    2,217        

      (I)  "Qualified alliance program" means an alliance program  2,219        

under which health care benefits are provided to two thousand      2,220        

five hundred or more participants.                                 2,221        

      (J)  "Small employer," regardless of its definition in any   2,223        

other chapter of the Revised Code, in this chapter means an        2,224        

employer that employs no more than one hundred fifty full-time     2,225        

employees, at least a majority of whom are employed at locations   2,226        

within this state.                                                 2,227        

      (1)  For this purpose:                                       2,229        

      (a)  Each entity that is controlled by, controls, or is      2,231        

under common control with, one or more other entities shall,       2,232        

together with such other entities, be considered to be a single    2,233        

employer.                                                          2,234        

      (b)  "Full-time employee" means a person who normally works  2,236        

at least twenty-five hours per week and at least forty weeks per   2,237        

year for the employer.                                             2,238        

      (c)  An employer will be treated as having one hundred       2,240        

fifty or fewer full-time employees on any day if, during the       2,241        

prior calendar year or any twelve consecutive months during the    2,242        

twenty-four full months immediately preceding that day, the mean   2,243        

number of full-time employees employed by the employer does not    2,244        

exceed one hundred fifty.                                          2,245        

      (2)  An employer that qualifies as a small employer for      2,247        

purposes of becoming an enrolled small employer continues to be    2,248        

treated as a small employer for purposes of this chapter until     2,249        

such time as it fails to meet the conditions described in          2,250        

division (J)(1) of this section for any period of thirty-six       2,251        

consecutive months after first becoming an enrolled small          2,252        

employer, unless earlier disqualified under the terms of the       2,253        

alliance program.                                                  2,254        

      Sec. 1731.06.  (A)  No health benefit plan offered or        2,263        

provided by an insurer to a small employer under a qualified       2,264        

                                                          53     

                                                                 
alliance program is subject to any law that does any of the        2,265        

following:                                                         2,266        

      (1)  Inhibits the insurer from selectively contracting with  2,268        

providers or groups of providers with respect to health care       2,269        

service or benefits;                                               2,270        

      (2)  Imposes any restrictions on the ability of the insurer  2,272        

to negotiate with providers regarding the level or method of       2,273        

reimbursing for care or services;                                  2,274        

      (3)  Requires the insurer either to include a specific       2,276        

provider or class of providers, or to exclude any class of         2,277        

providers that are generally authorized by law to provide such     2,278        

care, in connection with health care services or benefits under    2,279        

such health benefit plan;                                          2,280        

      (4)  Limits the financial incentives that a health benefit   2,282        

plan may require a beneficiary to pay when a nonplan provider is   2,283        

used on a nonemergency basis;                                      2,284        

      (5)  Prohibits utilization review of any or all treatments   2,286        

and conditions;                                                    2,287        

      (6)  Requires the use of specified standards of health care  2,289        

practice in such reviews or requires the disclosure of the         2,290        

specific criteria used in such reviews;                            2,291        

      (7)  Requires payments to providers for the expenses of      2,293        

responding to utilization review requests;                         2,294        

      (8)  Imposes liability for delays in performing such         2,296        

review.                                                            2,297        

      (B)  Notwithstanding division (A) of this section, every     2,299        

health benefit plan offered or provided by an insurer, other than  2,300        

a health maintenance organization INSURING CORPORATION, to a       2,301        

small employer under a qualified alliance program is subject to    2,303        

sections 3923.23, 3923.231, 3923.232, 3923.233, and 3923.234 of    2,304        

the Revised Code and any other provision of the Revised Code that  2,305        

requires the reimbursement, utilization, or consideration of a     2,306        

specific category of licensed or certified health care             2,307        

practitioner.                                                                   

                                                          54     

                                                                 
      Sec. 1739.05.  (A)  A multiple employer welfare arrangement  2,316        

that is created pursuant to sections 1739.01 to 1739.22 of the     2,317        

Revised Code and that operates a group self-insurance program may  2,318        

be established only if any of the following applies:               2,319        

      (1)  The arrangement has and maintains a minimum enrollment  2,321        

of three hundred employees of two or more employers.               2,322        

      (2)  The arrangement has and maintains a minimum enrollment  2,324        

of three hundred self-employed individuals.                        2,325        

      (3)  The arrangement has and maintains a minimum enrollment  2,327        

of three hundred employees or self-employed individuals in any     2,328        

combination of divisions (A)(1) and (2) of this section.           2,329        

      (B)  A multiple employer welfare arrangement that is         2,331        

created pursuant to sections 1739.01 to 1739.22 of the Revised     2,332        

Code and that operates a group self-insurance program shall        2,333        

comply with all laws applicable to self-funded programs in this    2,334        

state, including sections 3901.04, 3901.041, 3901.19 to 3901.26,   2,335        

3901.38, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 3923.30,   2,336        

3923.301, and 3923.38 of the Revised Code.                         2,337        

      (C)  A multiple employer welfare arrangement created         2,339        

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  2,340        

solicit enrollments only through agents or solicitors licensed     2,341        

pursuant to Chapter 3905. of the Revised Code to sell or solicit   2,342        

sickness and accident insurance.                                   2,343        

      (D)  A multiple employer welfare arrangement created         2,345        

pursuant to sections 1739.01 to 1739.22 of the Revised Code shall  2,346        

provide benefits only to individuals who are members, employees    2,347        

of members, or the dependents of members or employees, or are      2,348        

eligible for continuation of coverage under section 1742.34        2,349        

1751.53 or 3923.38 of the Revised Code or under Title X of the     2,350        

"Consolidated Omnibus Budget Reconciliation Act of 1985," 100      2,351        

Stat. 227, 29 U.S.C.A. 1161, as amended.                           2,352        

      Sec. 1751.01.  AS USED IN THIS CHAPTER:                      2,354        

      (A)  "BASIC HEALTH CARE SERVICES" MEANS THE FOLLOWING        2,357        

SERVICES WHEN MEDICALLY NECESSARY:                                 2,358        

                                                          55     

                                                                 
      (1)  PHYSICIAN'S SERVICES, EXCEPT WHEN SUCH SERVICES ARE     2,360        

SUPPLEMENTAL UNDER DIVISION (B) OF THIS SECTION;                   2,362        

      (2)  INPATIENT HOSPITAL SERVICES;                            2,364        

      (3)  OUTPATIENT MEDICAL SERVICES;                            2,366        

      (4)  EMERGENCY HEALTH SERVICES;                              2,368        

      (5)  URGENT CARE SERVICES;                                   2,370        

      (6)  DIAGNOSTIC LABORATORY SERVICES AND DIAGNOSTIC AND       2,372        

THERAPEUTIC RADIOLOGIC SERVICES;                                   2,373        

      (7)  PREVENTIVE HEALTH CARE SERVICES, INCLUDING, BUT NOT     2,375        

LIMITED TO, VOLUNTARY FAMILY PLANNING SERVICES, INFERTILITY        2,376        

SERVICES, PERIODIC PHYSICAL EXAMINATIONS, PRENATAL OBSTETRICAL     2,377        

CARE, AND WELL-CHILD CARE.                                         2,378        

      "BASIC HEALTH CARE SERVICES" DOES NOT INCLUDE EXPERIMENTAL   2,380        

PROCEDURES.                                                        2,381        

      A HEALTH INSURING CORPORATION SHALL NOT OFFER COVERAGE FOR   2,383        

A HEALTH CARE SERVICE, DEFINED AS A BASIC HEALTH CARE SERVICE BY   2,384        

THIS DIVISION, UNLESS IT OFFERS COVERAGE FOR ALL LISTED BASIC      2,385        

HEALTH CARE SERVICES.  HOWEVER, THIS REQUIREMENT DOES NOT APPLY    2,387        

TO THE COVERAGE OF BENEFICIARIES ENROLLED IN TITLE XVIII OF THE    2,388        

"SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS    2,390        

AMENDED, PURSUANT TO A MEDICARE RISK CONTRACT OR MEDICARE COST     2,391        

CONTRACT, OR TO THE COVERAGE OF BENEFICIARIES ENROLLED IN THE      2,392        

FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A.    2,394        

8905, OR TO THE COVERAGE OF BENEFICIARIES ENROLLED IN TITLE XIX    2,395        

OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A.     2,397        

301, AS AMENDED, KNOWN AS THE MEDICAL ASSISTANCE PROGRAM OR        2,398        

MEDICAID, PROVIDED BY THE OHIO DEPARTMENT OF HUMAN SERVICES UNDER  2,399        

CHAPTER 5111. OF THE REVISED CODE, OR TO THE COVERAGE OF           2,401        

BENEFICIARIES UNDER ANY FEDERAL HEALTH CARE PROGRAM REGULATED BY   2,402        

A FEDERAL REGULATORY BODY.                                                      

      (B)  "SUPPLEMENTAL HEALTH CARE SERVICES" MEANS ANY HEALTH    2,405        

CARE SERVICES OTHER THAN BASIC HEALTH CARE SERVICES THAT A HEALTH  2,406        

INSURING CORPORATION MAY OFFER, ALONE OR IN COMBINATION WITH       2,407        

EITHER BASIC HEALTH CARE SERVICES OR OTHER SUPPLEMENTAL HEALTH     2,408        

                                                          56     

                                                                 
CARE SERVICES, AND INCLUDES:                                                    

      (1)  SERVICES OF FACILITIES FOR INTERMEDIATE OR LONG-TERM    2,410        

CARE, OR BOTH;                                                     2,411        

      (2)  DENTAL CARE SERVICES;                                   2,413        

      (3)  VISION CARE AND OPTOMETRIC SERVICES INCLUDING LENSES    2,415        

AND FRAMES;                                                        2,416        

      (4)  PODIATRIC CARE OR FOOT CARE SERVICES;                   2,418        

      (5)  MENTAL HEALTH SERVICES INCLUDING PSYCHOLOGICAL          2,420        

SERVICES;                                                          2,421        

      (6)  SHORT-TERM OUTPATIENT EVALUATIVE AND                    2,423        

CRISIS-INTERVENTION MENTAL HEALTH SERVICES;                        2,424        

      (7)  MEDICAL OR PSYCHOLOGICAL TREATMENT AND REFERRAL         2,426        

SERVICES FOR ALCOHOL AND DRUG ABUSE OR ADDICTION;                  2,427        

      (8)  HOME HEALTH SERVICES;                                   2,429        

      (9)  PRESCRIPTION DRUG SERVICES;                             2,431        

      (10)  NURSING SERVICES;                                      2,433        

      (11)  SERVICES OF A DIETITIAN LICENSED UNDER CHAPTER 4759.   2,436        

OF THE REVISED CODE;                                                            

      (12)  PHYSICAL THERAPY SERVICES;                             2,438        

      (13)  CHIROPRACTIC SERVICES;                                 2,440        

      (14)  ANY OTHER CATEGORY OF SERVICES APPROVED BY THE         2,442        

SUPERINTENDENT OF INSURANCE.                                       2,443        

      (C)  "SPECIALTY HEALTH CARE SERVICES" MEANS ONE OF THE       2,445        

SUPPLEMENTAL HEALTH CARE SERVICES LISTED IN DIVISION (B)(1) TO     2,447        

(13) OF THIS SECTION, WHEN PROVIDED BY A HEALTH INSURING           2,448        

CORPORATION ON AN OUTPATIENT-ONLY BASIS AND NOT IN COMBINATION     2,449        

WITH OTHER SUPPLEMENTAL HEALTH CARE SERVICES.                                   

      (D)  "CLOSED PANEL PLAN" MEANS A HEALTH CARE PLAN THAT       2,452        

REQUIRES ENROLLEES TO USE PARTICIPATING PROVIDERS.                 2,453        

      (E)  "COMPENSATION" MEANS REMUNERATION FOR THE PROVISION OF  2,456        

HEALTH CARE SERVICES, DETERMINED ON OTHER THAN A FEE-FOR-SERVICE   2,457        

OR DISCOUNTED-FEE-FOR-SERVICE BASIS.                                            

      (F)  "CONTRACTUAL PERIODIC PREPAYMENT" MEANS THE FORMULA     2,460        

FOR DETERMINING THE PREMIUM RATE FOR ALL SUBSCRIBERS OF A HEALTH   2,461        

                                                          57     

                                                                 
INSURING CORPORATION.                                              2,462        

      (G)  "CORPORATION" MEANS A CORPORATION FORMED UNDER CHAPTER  2,465        

1701. OR 1702. OF THE REVISED CODE OR THE SIMILAR LAWS OF ANOTHER  2,467        

STATE.                                                                          

      (H)  "EMERGENCY HEALTH SERVICES" MEANS THOSE HEALTH CARE     2,470        

SERVICES THAT MUST BE AVAILABLE ON A SEVEN-DAYS-PER-WEEK,          2,471        

TWENTY-FOUR-HOURS-PER-DAY BASIS IN ORDER TO PREVENT JEOPARDY TO    2,472        

AN ENROLLEE'S HEALTH STATUS THAT WOULD OCCUR IF SUCH SERVICES      2,473        

WERE NOT RECEIVED AS SOON AS POSSIBLE, AND INCLUDES, WHERE         2,474        

APPROPRIATE, PROVISIONS FOR TRANSPORTATION AND INDEMNITY PAYMENTS  2,475        

OR SERVICE AGREEMENTS FOR OUT-OF-AREA COVERAGE.                    2,476        

      (I)  "ENROLLEE" MEANS ANY NATURAL PERSON WHO IS ENTITLED TO  2,479        

RECEIVE HEALTH CARE BENEFITS PROVIDED BY A HEALTH INSURING         2,480        

CORPORATION.                                                                    

      (J)  "EVIDENCE OF COVERAGE" MEANS ANY CERTIFICATE,           2,483        

AGREEMENT, POLICY, OR CONTRACT ISSUED TO A SUBSCRIBER THAT SETS    2,484        

OUT THE COVERAGE AND OTHER RIGHTS TO WHICH SUCH PERSON IS          2,485        

ENTITLED UNDER A HEALTH CARE PLAN.                                 2,486        

      (K)  "HEALTH CARE FACILITY" MEANS ANY FACILITY, EXCEPT A     2,489        

HEALTH CARE PRACTITIONER'S OFFICE, THAT PROVIDES PREVENTIVE,       2,490        

DIAGNOSTIC, THERAPEUTIC, ACUTE CONVALESCENT, REHABILITATION,       2,491        

MENTAL HEALTH, MENTAL RETARDATION, INTERMEDIATE CARE, OR SKILLED   2,492        

NURSING SERVICES.                                                  2,493        

      (L)  "HEALTH CARE SERVICES" MEANS ANY SERVICES INVOLVED IN   2,496        

OR INCIDENT TO THE FURNISHING OF PREVENTIVE, DIAGNOSTIC,           2,497        

THERAPEUTIC, OR REHABILITATIVE CARE.                               2,498        

      (M)  "HEALTH DELIVERY NETWORK" MEANS ANY GROUP OF PROVIDERS  2,501        

OR HEALTH CARE FACILITIES, OR BOTH, OR ANY REPRESENTATIVE          2,502        

THEREOF, THAT HAVE ENTERED INTO AN AGREEMENT TO OFFER HEALTH CARE  2,504        

SERVICES IN A PANEL RATHER THAN ON AN INDIVIDUAL BASIS.            2,505        

      (N)  "HEALTH INSURING CORPORATION" MEANS A CORPORATION, AS   2,508        

DEFINED IN DIVISION (G) OF THIS SECTION, THAT, PURSUANT TO A       2,509        

POLICY, CONTRACT, CERTIFICATE, OR AGREEMENT, PAYS FOR,             2,510        

REIMBURSES, OR PROVIDES, DELIVERS, ARRANGES FOR, OR OTHERWISE      2,511        

                                                          58     

                                                                 
MAKES AVAILABLE, BASIC HEALTH CARE SERVICES, SUPPLEMENTAL HEALTH   2,512        

CARE SERVICES, OR SPECIALTY HEALTH CARE SERVICES, OR A             2,513        

COMBINATION OF BASIC HEALTH CARE SERVICES AND EITHER SUPPLEMENTAL  2,514        

HEALTH CARE SERVICES OR SPECIALTY HEALTH CARE SERVICES, THROUGH    2,516        

EITHER AN OPEN PANEL PLAN OR A CLOSED PANEL PLAN.                  2,517        

      "HEALTH INSURING CORPORATION" DOES NOT INCLUDE A LIMITED     2,520        

LIABILITY COMPANY FORMED PURSUANT TO CHAPTER 1705. OF THE REVISED  2,522        

CODE, A CORPORATION FORMED BY OR ON BEHALF OF A POLITICAL          2,524        

SUBDIVISION OR A DEPARTMENT, OFFICE, OR INSTITUTION OF THE STATE,  2,525        

OR A PUBLIC ENTITY FORMED BY OR ON BEHALF OF A BOARD OF COUNTY     2,526        

COMMISSIONERS, A COUNTY BOARD OF MENTAL RETARDATION AND            2,527        

DEVELOPMENTAL DISABILITIES, AN ALCOHOL AND DRUG ADDICTION          2,530        

SERVICES BOARD, A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL     2,531        

HEALTH SERVICES, OR A COMMUNITY MENTAL HEALTH BOARD, AS THOSE      2,532        

TERMS ARE USED IN CHAPTERS 340. AND 5126. OF THE REVISED CODE.     2,533        

EXCEPT AS PROVIDED BY DIVISION (D) OF SECTION 1751.02 OF THE       2,536        

REVISED CODE, OR AS OTHERWISE PROVIDED BY LAW, NO BOARD,           2,539        

COMMISSION, AGENCY, OR OTHER ENTITY UNDER THE CONTROL OF A         2,540        

POLITICAL SUBDIVISION MAY ACCEPT INSURANCE RISK IN PROVIDING FOR   2,541        

HEALTH CARE SERVICES.  HOWEVER, NOTHING IN THIS DIVISION SHALL BE  2,542        

CONSTRUED AS PROHIBITING SUCH ENTITIES FROM PURCHASING THE         2,543        

SERVICES OF A HEALTH INSURING CORPORATION OR A THIRD-PARTY         2,544        

ADMINISTRATOR LICENSED UNDER CHAPTER 3959. OF THE REVISED CODE.    2,546        

      (O)  "INTERMEDIARY ORGANIZATION" MEANS A HEALTH DELIVERY     2,549        

NETWORK OR OTHER ENTITY THAT CONTRACTS WITH LICENSED HEALTH        2,550        

INSURING CORPORATIONS OR SELF-INSURED EMPLOYERS, OR BOTH, TO       2,551        

PROVIDE HEALTH CARE SERVICES, AND THAT ENTERS INTO CONTRACTUAL     2,553        

ARRANGEMENTS WITH OTHER ENTITIES FOR THE PROVISION OF HEALTH CARE  2,554        

SERVICES FOR THE PURPOSE OF FULFILLING THE TERMS OF ITS CONTRACTS  2,555        

WITH THE HEALTH INSURING CORPORATIONS AND SELF-INSURED EMPLOYERS.  2,556        

      (P)  "INTERMEDIATE CARE" MEANS RESIDENTIAL CARE ABOVE THE    2,559        

LEVEL OF ROOM AND BOARD FOR PATIENTS WHO REQUIRE PERSONAL          2,560        

ASSISTANCE AND HEALTH-RELATED SERVICES, BUT WHO DO NOT REQUIRE     2,561        

SKILLED NURSING CARE.                                                           

                                                          59     

                                                                 
      (Q)  "MEDICAL RECORD" MEANS THE PERSONAL INFORMATION THAT    2,564        

RELATES TO AN INDIVIDUAL'S PHYSICAL OR MENTAL CONDITION, MEDICAL   2,565        

HISTORY, OR MEDICAL TREATMENT.                                     2,566        

      (R)(1)  "OPEN PANEL PLAN" MEANS A HEALTH CARE PLAN THAT      2,568        

PROVIDES INCENTIVES FOR ENROLLEES TO USE PARTICIPATING PROVIDERS   2,569        

AND THAT ALSO ALLOWS ENROLLEES TO USE PROVIDERS THAT ARE NOT       2,570        

PARTICIPATING PROVIDERS.                                                        

      (2)  NO HEALTH INSURING CORPORATION MAY OFFER AN OPEN PANEL  2,573        

PLAN, UNLESS THE HEALTH INSURING CORPORATION IS ALSO LICENSED AS   2,574        

AN INSURER UNDER TITLE XXXIX OF THE REVISED CODE, THE HEALTH       2,575        

INSURING CORPORATION, ON THE EFFECTIVE DATE OF THIS SECTION,       2,576        

HOLDS A CERTIFICATE OF AUTHORITY OR LICENSE TO OPERATE UNDER       2,577        

CHAPTER 1736. OR 1740. OF THE REVISED CODE, OR AN INSURER          2,578        

LICENSED UNDER TITLE XXXIX OF THE REVISED CODE IS RESPONSIBLE FOR  2,580        

THE OUT-OF-NETWORK RISK AS EVIDENCED BY BOTH AN EVIDENCE OF                     

COVERAGE FILING UNDER SECTION 1751.11 OF THE REVISED CODE AND A    2,582        

POLICY AND CERTIFICATE FILING UNDER SECTION 3923.02 OF THE         2,584        

REVISED CODE.                                                                   

      (S)  "PERSON" HAS THE SAME MEANING AS IN SECTION 1.59 OF     2,586        

THE REVISED CODE, AND, UNLESS THE CONTEXT OTHERWISE REQUIRES,      2,587        

INCLUDES ANY INSURANCE COMPANY HOLDING A CERTIFICATE OF AUTHORITY  2,588        

UNDER TITLE XXXIX OF THE REVISED CODE, ANY SUBSIDIARY AND          2,590        

AFFILIATE OF AN INSURANCE COMPANY, AND ANY GOVERNMENT AGENCY.      2,591        

      (T)  "PREMIUM RATE" MEANS ANY SET FEE REGULARLY PAID BY A    2,594        

SUBSCRIBER TO A HEALTH INSURING CORPORATION.  A "PREMIUM RATE"     2,595        

DOES NOT INCLUDE A ONE-TIME MEMBERSHIP FEE, AN ANNUAL                           

ADMINISTRATIVE FEE, OR A NOMINAL ACCESS FEE, PAID TO A MANAGED     2,596        

HEALTH CARE SYSTEM UNDER WHICH THE RECIPIENT OF HEALTH CARE        2,597        

SERVICES REMAINS SOLELY RESPONSIBLE FOR ANY CHARGES ACCESSED FOR   2,598        

THOSE SERVICES BY THE PROVIDER OR HEALTH CARE FACILITY.            2,599        

      (U)  "PRIMARY CARE PROVIDER" MEANS A PROVIDER THAT IS        2,602        

DESIGNATED BY A HEALTH INSURING CORPORATION TO SUPERVISE,          2,603        

COORDINATE, OR PROVIDE INITIAL CARE OR CONTINUING CARE TO AN       2,604        

ENROLLEE, AND THAT MAY BE REQUIRED BY THE HEALTH INSURING          2,605        

                                                          60     

                                                                 
CORPORATION TO INITIATE A REFERRAL FOR SPECIALTY CARE AND TO       2,606        

MAINTAIN SUPERVISION OF THE HEALTH CARE SERVICES RENDERED TO THE   2,607        

ENROLLEE.                                                                       

      (V)  "PROVIDER" MEANS ANY NATURAL PERSON OR PARTNERSHIP OF   2,610        

NATURAL PERSONS WHO ARE LICENSED, CERTIFIED, ACCREDITED, OR        2,611        

OTHERWISE AUTHORIZED IN THIS STATE TO FURNISH HEALTH CARE          2,612        

SERVICES, OR ANY PROFESSIONAL ASSOCIATION ORGANIZED UNDER CHAPTER  2,613        

1785. OF THE REVISED CODE, PROVIDED THAT NOTHING IN THIS CHAPTER   2,615        

OR OTHER PROVISIONS OF LAW SHALL BE CONSTRUED TO PRECLUDE A        2,616        

HEALTH INSURING CORPORATION, HEALTH CARE PRACTITIONER, OR          2,617        

ORGANIZED HEALTH CARE GROUP ASSOCIATED WITH A HEALTH INSURING      2,618        

CORPORATION FROM EMPLOYING NURSE PRACTITIONERS, DIETITIANS,        2,619        

PHYSICIANS' ASSISTANTS, DENTAL ASSISTANTS, DENTAL HYGIENISTS,      2,620        

OPTOMETRIC TECHNICIANS, OR OTHER ALLIED HEALTH PERSONNEL WHO ARE   2,621        

LICENSED, CERTIFIED, ACCREDITED, OR OTHERWISE AUTHORIZED IN THIS   2,622        

STATE TO FURNISH HEALTH CARE SERVICES.                                          

      (W)  "PROVIDER SPONSORED ORGANIZATION" MEANS A CORPORATION,  2,625        

AS DEFINED IN DIVISION (G) OF THIS SECTION, THAT IS AT LEAST       2,626        

EIGHTY PER CENT OWNED OR CONTROLLED BY ONE OR MORE HOSPITALS, AS   2,628        

DEFINED IN SECTION 3727.01 OF THE REVISED CODE, OR ONE OR MORE     2,629        

PHYSICIANS LICENSED TO PRACTICE MEDICINE OR SURGERY OR             2,630        

OSTEOPATHIC MEDICINE AND SURGERY UNDER CHAPTER 4731. OF THE        2,631        

REVISED CODE, OR ANY COMBINATION OF SUCH PHYSICIANS AND            2,632        

HOSPITALS.  SUCH CONTROL IS PRESUMED TO EXIST IF AT LEAST EIGHTY   2,633        

PER CENT OF THE VOTING RIGHTS OR GOVERNANCE RIGHTS OF A PROVIDER   2,634        

SPONSORED ORGANIZATION ARE DIRECTLY OR INDIRECTLY OWNED,           2,635        

CONTROLLED, OR OTHERWISE HELD BY ANY COMBINATION OF THE            2,636        

PHYSICIANS AND HOSPITALS DESCRIBED IN THIS DIVISION.               2,637        

      (X)  "SOLICITATION DOCUMENT" MEANS THE WRITTEN MATERIALS     2,639        

PROVIDED TO PROSPECTIVE SUBSCRIBERS OR ENROLLEES, OR BOTH, AND     2,640        

USED FOR ADVERTISING AND MARKETING TO INDUCE ENROLLMENT IN THE     2,641        

HEALTH CARE PLANS OF A HEALTH INSURING CORPORATION.                2,642        

      (Y)  "SUBSCRIBER" MEANS A PERSON WHO IS RESPONSIBLE FOR      2,645        

MAKING PAYMENTS TO A HEALTH INSURING CORPORATION FOR               2,646        

                                                          61     

                                                                 
PARTICIPATION IN A HEALTH CARE PLAN, OR AN ENROLLEE WHOSE          2,647        

EMPLOYMENT OR OTHER STATUS IS THE BASIS OF ELIGIBILITY FOR         2,648        

ENROLLMENT IN A HEALTH INSURING CORPORATION.                                    

      (Z)  "URGENT CARE SERVICES" MEANS THOSE HEALTH CARE          2,651        

SERVICES THAT ARE APPROPRIATELY PROVIDED FOR AN UNFORESEEN         2,652        

CONDITION OF A KIND THAT USUALLY REQUIRES MEDICAL ATTENTION        2,653        

WITHOUT DELAY BUT THAT DOES NOT POSE A THREAT TO THE LIFE, LIMB,   2,654        

OR PERMANENT HEALTH OF THE INJURED OR ILL PERSON, AND MAY INCLUDE  2,656        

SUCH HEALTH CARE SERVICES PROVIDED OUT OF THE HEALTH INSURING      2,657        

CORPORATION'S APPROVED SERVICE AREA PURSUANT TO INDEMNITY          2,658        

PAYMENTS OR SERVICE AGREEMENTS.                                                 

      Sec. 1751.02.  (A)  NOTWITHSTANDING ANY LAW IN THIS STATE    2,660        

TO THE CONTRARY, ANY CORPORATION, AS DEFINED IN SECTION 1751.01    2,662        

OF THE REVISED CODE, MAY APPLY TO THE SUPERINTENDENT OF INSURANCE  2,664        

FOR A CERTIFICATE OF AUTHORITY TO ESTABLISH AND OPERATE A HEALTH   2,665        

INSURING CORPORATION.  IF THE CORPORATION APPLYING FOR A           2,666        

CERTIFICATE OF AUTHORITY IS A FOREIGN CORPORATION DOMICILED IN A   2,667        

STATE WITHOUT LAWS SIMILAR TO THOSE OF THIS CHAPTER, THE           2,669        

CORPORATION MUST FORM A DOMESTIC CORPORATION TO APPLY FOR,                      

OBTAIN, AND MAINTAIN A CERTIFICATE OF AUTHORITY UNDER THIS         2,670        

CHAPTER.                                                                        

      (B)  NO PERSON SHALL ESTABLISH, OPERATE, OR PERFORM THE      2,673        

SERVICES OF A HEALTH INSURING CORPORATION IN THIS STATE WITHOUT    2,675        

OBTAINING A CERTIFICATE OF AUTHORITY UNDER THIS CHAPTER.           2,676        

      (C)  EXCEPT AS PROVIDED BY DIVISION (D) OF THIS SECTION, NO  2,679        

POLITICAL SUBDIVISION OR DEPARTMENT, OFFICE, OR INSTITUTION OF     2,680        

THIS STATE, OR CORPORATION FORMED BY OR ON BEHALF OF ANY                        

POLITICAL SUBDIVISION OR DEPARTMENT, OFFICE, OR INSTITUTION OF     2,681        

THIS STATE, SHALL ESTABLISH, OPERATE, OR PERFORM THE SERVICES OF   2,682        

A HEALTH INSURING CORPORATION.  NOTHING IN THIS SECTION SHALL BE   2,685        

CONSTRUED TO PRECLUDE A BOARD OF COUNTY COMMISSIONERS, A COUNTY    2,686        

BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AN     2,687        

ALCOHOL AND DRUG ADDICTION SERVICES BOARD, A BOARD OF ALCOHOL,     2,688        

DRUG ADDICTION, AND MENTAL HEALTH SERVICES, OR A COMMUNITY MENTAL  2,689        

                                                          62     

                                                                 
HEALTH BOARD, OR A PUBLIC ENTITY FORMED BY OR ON BEHALF OF ANY OF  2,690        

THESE BOARDS, FROM USING MANAGED CARE TECHNIQUES IN CARRYING OUT   2,691        

THE BOARD'S OR PUBLIC ENTITY'S DUTIES PURSUANT TO THE              2,692        

REQUIREMENTS OF CHAPTERS 307., 329., 340., AND 5126. OF THE        2,694        

REVISED CODE.  HOWEVER, NO SUCH BOARD OR PUBLIC ENTITY MAY         2,696        

OPERATE SO AS TO COMPETE IN THE PRIVATE SECTOR WITH HEALTH         2,697        

INSURING CORPORATIONS HOLDING CERTIFICATES OF AUTHORITY UNDER      2,698        

THIS CHAPTER.                                                                   

      (D)  A CORPORATION FORMED BY OR ON BEHALF OF A PUBLICLY      2,700        

OWNED, OPERATED, OR FUNDED HOSPITAL OR HEALTH CARE FACILITY MAY    2,701        

APPLY TO THE SUPERINTENDENT FOR A CERTIFICATE OF AUTHORITY UNDER   2,703        

DIVISION (A) OF THIS SECTION TO ESTABLISH AND OPERATE A HEALTH     2,704        

INSURING CORPORATION.                                                           

      (E)  A HEALTH INSURING CORPORATION SHALL OPERATE IN THIS     2,707        

STATE IN COMPLIANCE WITH THIS CHAPTER AND WITH SECTIONS 3702.51    2,708        

TO 3702.62 OF THE REVISED CODE, AND SHALL OPERATE IN CONFORMITY    2,711        

WITH ITS FILINGS WITH THE SUPERINTENDENT UNDER THIS CHAPTER,       2,712        

INCLUDING FILINGS MADE PURSUANT TO SECTIONS 1751.03, 1751.11,      2,713        

1751.12, AND 1751.31 OF THE REVISED CODE.                          2,715        

      (F)  AN INSURER LICENSED UNDER TITLE XXXIX OF THE REVISED    2,719        

CODE NEED NOT OBTAIN A CERTIFICATE OF AUTHORITY AS A HEALTH        2,720        

INSURING CORPORATION TO OFFER AN OPEN PANEL PLAN AS LONG AS THE    2,721        

PROVIDERS AND HEALTH CARE FACILITIES PARTICIPATING IN THE OPEN     2,722        

PANEL PLAN RECEIVE THEIR COMPENSATION DIRECTLY FROM THE INSURER.   2,723        

IF THE PROVIDERS AND HEALTH CARE FACILITIES PARTICIPATING IN THE   2,724        

OPEN PANEL PLAN RECEIVE THEIR COMPENSATION FROM ANY PERSON OTHER   2,725        

THAN THE INSURER, OR IF THE INSURER OFFERS A CLOSED PANEL PLAN,    2,726        

THE INSURER MUST OBTAIN A CERTIFICATE OF AUTHORITY AS A HEALTH     2,727        

INSURING CORPORATION.                                                           

      (G)  AN INTERMEDIARY ORGANIZATION NEED NOT OBTAIN A          2,730        

CERTIFICATE OF AUTHORITY AS A HEALTH INSURING CORPORATION,         2,731        

REGARDLESS OF THE METHOD OF REIMBURSEMENT TO THE INTERMEDIARY      2,732        

ORGANIZATION, AS LONG AS A HEALTH INSURING CORPORATION OR A        2,734        

SELF-INSURED EMPLOYER MAINTAINS THE ULTIMATE RESPONSIBILITY TO     2,735        

                                                          63     

                                                                 
ASSURE DELIVERY OF ALL HEALTH CARE SERVICES REQUIRED BY THE                     

CONTRACT BETWEEN THE HEALTH INSURING CORPORATION AND THE           2,736        

SUBSCRIBER AND THE LAWS OF THIS STATE OR BETWEEN THE SELF-INSURED  2,737        

EMPLOYER AND ITS EMPLOYEES.                                        2,738        

      NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY    2,740        

HEALTH CARE FACILITY, PROVIDER, HEALTH DELIVERY NETWORK, OR        2,741        

INTERMEDIARY ORGANIZATION THAT CONTRACTS WITH A HEALTH INSURING    2,742        

CORPORATION OR SELF-INSURED EMPLOYER, REGARDLESS OF THE METHOD OF  2,744        

REIMBURSEMENT TO THE HEALTH CARE FACILITY, PROVIDER, HEALTH                     

DELIVERY NETWORK, OR INTERMEDIARY ORGANIZATION, TO OBTAIN A        2,745        

CERTIFICATE OF AUTHORITY AS A HEALTH INSURING CORPORATION UNDER    2,746        

THIS CHAPTER, UNLESS OTHERWISE PROVIDED, IN THE CASE OF CONTRACTS  2,748        

WITH A SELF-INSURED EMPLOYER, BY OPERATION OF THE "EMPLOYEE        2,750        

RETIREMENT INCOME SECURITY ACT OF 1974," 88 STAT. 829, 29          2,755        

U.S.C.A. 1001, AS AMENDED.                                         2,756        

      (H)  ANY HEALTH DELIVERY NETWORK DOING BUSINESS IN THIS      2,759        

STATE THAT IS NOT REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY    2,760        

UNDER THIS CHAPTER SHALL CERTIFY TO THE SUPERINTENDENT ANNUALLY,   2,761        

NOT LATER THAN THE FIRST DAY OF JULY, AND SHALL PROVIDE A          2,763        

STATEMENT SIGNED BY THE HIGHEST RANKING OFFICIAL WHICH INCLUDES    2,764        

THE FOLLOWING INFORMATION:                                                      

      (1)  THE HEALTH DELIVERY NETWORK'S FULL NAME AND THE         2,766        

ADDRESS OF ITS PRINCIPAL PLACE OF BUSINESS;                        2,767        

      (2)  A STATEMENT THAT THE HEALTH DELIVERY NETWORK IS NOT     2,769        

REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY UNDER THIS CHAPTER   2,770        

TO CONDUCT ITS BUSINESS.                                           2,771        

      (I)  THE SUPERINTENDENT SHALL NOT ISSUE A CERTIFICATE OF     2,774        

AUTHORITY TO A HEALTH INSURING CORPORATION THAT IS A PROVIDER      2,775        

SPONSORED ORGANIZATION UNLESS ALL HEALTH CARE PLANS TO BE OFFERED  2,776        

BY THE HEALTH INSURING CORPORATION PROVIDE BASIC HEALTH CARE       2,777        

SERVICES.  SUBSTANTIALLY ALL OF THE PHYSICIANS AND HOSPITALS WITH  2,778        

OWNERSHIP OR CONTROL OF THE PROVIDER SPONSORED ORGANIZATION, AS    2,779        

DEFINED IN DIVISION (W) OF SECTION 1751.01 OF THE REVISED CODE,    2,782        

SHALL ALSO BE PARTICIPATING PROVIDERS FOR THE PROVISION OF BASIC   2,783        

                                                          64     

                                                                 
HEALTH CARE SERVICES FOR HEALTH CARE PLANS OFFERED BY THE          2,784        

PROVIDER SPONSORED ORGANIZATION.  IF A HEALTH INSURING             2,785        

CORPORATION THAT IS A PROVIDER SPONSORED ORGANIZATION OFFERS       2,786        

HEALTH CARE PLANS THAT DO NOT PROVIDE BASIC HEALTH CARE SERVICES,  2,787        

THE HEALTH INSURING CORPORATION SHALL BE DEEMED, FOR PURPOSES OF   2,788        

SECTION 1751.35 OF THE REVISED CODE, TO HAVE FAILED TO             2,789        

SUBSTANTIALLY COMPLY WITH THIS CHAPTER.                            2,790        

      EXCEPT AS SPECIFICALLY PROVIDED IN THIS DIVISION AND IN      2,792        

DIVISION (C) OF SECTION 1751.28 OF THE REVISED CODE, THE           2,794        

PROVISIONS OF THIS CHAPTER SHALL APPLY TO ALL HEALTH INSURING                   

CORPORATIONS THAT ARE PROVIDER SPONSORED ORGANIZATIONS IN THE      2,795        

SAME MANNER THAT THESE PROVISIONS APPLY TO ALL HEALTH INSURING     2,796        

CORPORATIONS THAT ARE NOT PROVIDER SPONSORED ORGANIZATIONS.        2,797        

      (J)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY TO  2,799        

ANY MULTIPLE EMPLOYER WELFARE ARRANGEMENT OPERATING PURSUANT TO    2,800        

CHAPTER 1739. OF THE REVISED CODE.                                 2,801        

      (K)  ANY PERSON WHO VIOLATES DIVISION (B) OF THIS SECTION,   2,805        

AND ANY HEALTH DELIVERY NETWORK THAT FAILS TO COMPLY WITH          2,806        

DIVISION (H) OF THIS SECTION, IS SUBJECT TO THE PENALTIES SET      2,807        

FORTH IN SECTION 1751.45 OF THE REVISED CODE.                      2,809        

      Sec. 1751.03.  (A)  EACH APPLICATION FOR A CERTIFICATE OF    2,812        

AUTHORITY UNDER THIS CHAPTER SHALL BE VERIFIED BY AN OFFICER OR    2,813        

AUTHORIZED REPRESENTATIVE OF THE APPLICANT, SHALL BE IN A FORMAT   2,814        

PRESCRIBED BY THE SUPERINTENDENT OF INSURANCE, AND SHALL SET       2,815        

FORTH OR BE ACCOMPANIED BY THE FOLLOWING:                          2,816        

      (1)  A CERTIFIED COPY OF THE APPLICANT'S ARTICLES OF         2,818        

INCORPORATION AND ALL AMENDMENTS TO THE ARTICLES OF                2,819        

INCORPORATION;                                                     2,820        

      (2)  A COPY OF ANY REGULATIONS ADOPTED FOR THE GOVERNMENT    2,822        

OF THE CORPORATION, ANY BYLAWS, AND ANY SIMILAR DOCUMENTS, AND A   2,823        

COPY OF ALL AMENDMENTS TO THESE REGULATIONS, BYLAWS, AND           2,824        

DOCUMENTS.  THE CORPORATE SECRETARY SHALL CERTIFY THAT THESE       2,825        

REGULATIONS, BYLAWS, DOCUMENTS, AND AMENDMENTS HAVE BEEN PROPERLY  2,827        

ADOPTED OR APPROVED.                                                            

                                                          65     

                                                                 
      (3)  A LIST OF THE NAMES, ADDRESSES, AND OFFICIAL POSITIONS  2,830        

OF THE PERSONS RESPONSIBLE FOR THE CONDUCT OF THE APPLICANT,       2,831        

INCLUDING ALL MEMBERS OF THE BOARD, THE PRINCIPAL OFFICERS, AND    2,832        

THE PERSON RESPONSIBLE FOR COMPLETING OR FILING FINANCIAL          2,833        

STATEMENTS WITH THE DEPARTMENT OF INSURANCE, ACCOMPANIED BY A      2,834        

COMPLETED ORIGINAL BIOGRAPHICAL AFFIDAVIT AND RELEASE OF           2,835        

INFORMATION FOR EACH OF THESE PERSONS ON FORMS ACCEPTABLE TO THE   2,836        

DEPARTMENT;                                                                     

      (4)  A FULL AND COMPLETE DISCLOSURE OF THE EXTENT AND        2,838        

NATURE OF ANY CONTRACTUAL OR OTHER FINANCIAL ARRANGEMENT BETWEEN   2,839        

THE APPLICANT AND ANY PROVIDER OR A PERSON LISTED IN DIVISION      2,841        

(A)(3) OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, A FULL AND  2,842        

COMPLETE DISCLOSURE OF THE FINANCIAL INTEREST HELD BY ANY SUCH     2,843        

PROVIDER OR PERSON IN ANY HEALTH CARE FACILITY, PROVIDER, OR       2,844        

INSURER THAT HAS ENTERED INTO A FINANCIAL RELATIONSHIP WITH THE    2,845        

HEALTH INSURING CORPORATION;                                       2,846        

      (5)  A DESCRIPTION OF THE APPLICANT, ITS FACILITIES, AND     2,848        

ITS PERSONNEL, INCLUDING, BUT NOT LIMITED TO, THE LOCATION, HOURS  2,850        

OF OPERATION, AND TELEPHONE NUMBERS OF ALL CONTRACTED FACILITIES;  2,851        

      (6)  THE APPLICANT'S PROJECTED ANNUAL ENROLLEE POPULATION    2,853        

OVER A THREE-YEAR PERIOD;                                          2,854        

      (7)  A CLEAR AND SPECIFIC DESCRIPTION OF THE HEALTH CARE     2,856        

PLAN OR PLANS TO BE USED BY THE APPLICANT, INCLUDING A             2,857        

DESCRIPTION OF THE PROPOSED PROVIDERS, PROCEDURES FOR ACCESSING    2,858        

CARE, AND THE FORM OF ALL PROPOSED AND EXISTING CONTRACTS          2,859        

RELATING TO THE ADMINISTRATION, DELIVERY, OR FINANCING OF HEALTH   2,860        

CARE SERVICES;                                                     2,861        

      (8)  A COPY OF EACH TYPE OF EVIDENCE OF COVERAGE AND         2,863        

IDENTIFICATION CARD OR SIMILAR DOCUMENT TO BE ISSUED TO            2,864        

SUBSCRIBERS;                                                       2,865        

      (9)  A COPY OF EACH TYPE OF INDIVIDUAL OR GROUP POLICY,      2,867        

CONTRACT, OR AGREEMENT TO BE USED;                                 2,868        

      (10)  THE SCHEDULE OF THE PROPOSED CONTRACTUAL PERIODIC      2,870        

PREPAYMENTS OR PREMIUM RATES, OR BOTH, ACCOMPANIED BY APPROPRIATE  2,871        

                                                          66     

                                                                 
SUPPORTING DATA;                                                   2,872        

      (11)  A FINANCIAL PLAN WHICH PROVIDES A THREE-YEAR           2,874        

PROJECTION OF OPERATING RESULTS, INCLUDING THE PROJECTED           2,875        

EXPENSES, INCOME, AND SOURCES OF WORKING CAPITAL;                  2,876        

      (12)  THE ENROLLEE COMPLAINT PROCEDURE TO BE UTILIZED AS     2,878        

REQUIRED UNDER SECTION 1751.19 OF THE REVISED CODE;                2,881        

      (13)  A DESCRIPTION OF THE PROCEDURES AND PROGRAMS TO BE     2,883        

IMPLEMENTED ON AN ONGOING BASIS TO ASSURE THE QUALITY OF HEALTH    2,884        

CARE SERVICES DELIVERED TO ENROLLEES;                              2,885        

      (14)  A STATEMENT DESCRIBING THE GEOGRAPHIC AREA OR AREAS    2,887        

TO BE SERVED, BY COUNTY;                                           2,888        

      (15)  A COPY OF ALL SOLICITATION DOCUMENTS;                  2,890        

      (16)  A BALANCE SHEET AND OTHER FINANCIAL STATEMENTS         2,892        

SHOWING THE APPLICANT'S ASSETS, LIABILITIES, INCOME, AND OTHER     2,893        

SOURCES OF FINANCIAL SUPPORT;                                      2,894        

      (17)  A DESCRIPTION OF THE NATURE AND EXTENT OF ANY          2,896        

REINSURANCE PROGRAM TO BE IMPLEMENTED, AND A DEMONSTRATION THAT    2,897        

ERRORS AND OMISSION INSURANCE AND, IF APPROPRIATE, FIDELITY        2,898        

INSURANCE, WILL BE IN PLACE UPON THE APPLICANT'S RECEIPT OF A      2,899        

CERTIFICATE OF AUTHORITY;                                          2,900        

      (18)  COPIES OF ALL PROPOSED OR IN FORCE RELATED-PARTY OR    2,902        

INTERCOMPANY AGREEMENTS WITH AN EXPLANATION OF THE FINANCIAL       2,903        

IMPACT OF THESE AGREEMENTS ON THE APPLICANT.  IF THE APPLICANT     2,904        

INTENDS TO ENTER INTO A CONTRACT FOR MANAGERIAL OR ADMINISTRATIVE  2,906        

SERVICES, WITH EITHER AN AFFILIATED OR AN UNAFFILIATED PERSON,                  

THE APPLICANT SHALL PROVIDE A COPY OF THE CONTRACT AND A DETAILED  2,907        

DESCRIPTION OF THE PERSON TO PROVIDE THESE SERVICES.  THE          2,909        

DESCRIPTION SHALL INCLUDE THAT PERSON'S EXPERIENCE IN MANAGING OR  2,910        

ADMINISTERING HEALTH CARE PLANS, A COPY OF THAT PERSON'S MOST      2,911        

RECENT AUDITED FINANCIAL STATEMENT, AND A COMPLETED BIOGRAPHICAL   2,912        

AFFIDAVIT ON A FORM ACCEPTABLE TO THE SUPERINTENDENT FOR EACH OF   2,913        

THAT PERSON'S PRINCIPAL OFFICERS AND BOARD MEMBERS AND FOR ANY     2,914        

ADDITIONAL EMPLOYEE TO BE DIRECTLY INVOLVED IN PROVIDING           2,915        

MANAGERIAL OR ADMINISTRATIVE SERVICES TO THE HEALTH INSURING       2,916        

                                                          67     

                                                                 
CORPORATION.  IF THE PERSON TO PROVIDE MANAGERIAL OR               2,917        

ADMINISTRATIVE SERVICES IS AFFILIATED WITH THE HEALTH INSURING     2,918        

CORPORATION, THE CONTRACT MUST PROVIDE FOR PAYMENT FOR SERVICES    2,919        

BASED ON ACTUAL COSTS.                                                          

      (19)  A STATEMENT FROM THE APPLICANT'S BOARD THAT THE        2,921        

ADMITTED ASSETS OF THE APPLICANT HAVE NOT BEEN AND WILL NOT BE     2,922        

PLEDGED OR HYPOTHECATED;                                           2,923        

      (20)  A STATEMENT FROM THE APPLICANT'S BOARD THAT THE        2,925        

APPLICANT WILL SUBMIT MONTHLY FINANCIAL STATEMENTS DURING THE      2,926        

FIRST YEAR OF OPERATIONS;                                          2,927        

      (21)  THE NAME AND ADDRESS OF THE APPLICANT'S OHIO           2,930        

STATUTORY AGENT FOR SERVICE OF PROCESS, NOTICE, OR DEMAND;         2,931        

      (22)  COPIES OF ALL DOCUMENTS THE APPLICANT FILED WITH THE   2,933        

SECRETARY OF STATE;                                                2,934        

      (23)  THE LOCATION OF THOSE BOOKS AND RECORDS OF THE         2,936        

APPLICANT THAT MUST BE MAINTAINED IN OHIO;                         2,937        

      (24)  THE APPLICANT'S FEDERAL IDENTIFICATION NUMBER,         2,939        

CORPORATE ADDRESS, AND MAILING ADDRESS;                            2,940        

      (25)  AN INTERNAL AND EXTERNAL ORGANIZATIONAL CHART;         2,943        

      (26)  A LIST OF THE ASSETS REPRESENTING THE INITIAL NET      2,945        

WORTH OF THE APPLICANT;                                            2,946        

      (27)  IF THE APPLICANT HAS A PARENT COMPANY, THE PARENT      2,948        

COMPANY'S GUARANTY, ON A FORM ACCEPTABLE TO THE SUPERINTENDENT,    2,949        

THAT THE APPLICANT WILL MAINTAIN OHIO'S MINIMUM NET WORTH.  IF NO  2,952        

PARENT COMPANY EXISTS, A STATEMENT REGARDING THE AVAILABILITY OF   2,953        

FUTURE FUNDS IF NEEDED.                                                         

      (28)  THE NAMES AND ADDRESSES OF THE APPLICANT'S ACTUARY     2,955        

AND EXTERNAL AUDITORS;                                             2,956        

      (29)  IF THE APPLICANT IS A FOREIGN CORPORATION, A COPY OF   2,958        

THE MOST RECENT FINANCIAL STATEMENTS FILED WITH THE INSURANCE      2,959        

REGULATORY AGENCY IN THE APPLICANT'S STATE OF DOMICILE;            2,960        

      (30)  IF THE APPLICANT IS A FOREIGN CORPORATION, A           2,962        

STATEMENT FROM THE INSURANCE REGULATORY AGENCY OF THE APPLICANT'S  2,963        

STATE OF DOMICILE STATING THAT THE REGULATORY AGENCY HAS NO        2,964        

                                                          68     

                                                                 
OBJECTION TO THE APPLICANT APPLYING FOR AN OHIO LICENSE AND THAT   2,965        

THE APPLICANT IS IN GOOD STANDING IN THE APPLICANT'S STATE OF      2,966        

DOMICILE;                                                          2,967        

      (31)  ANY OTHER INFORMATION THAT THE SUPERINTENDENT MAY      2,969        

REQUIRE.                                                           2,970        

      (B)(1)  A HEALTH INSURING CORPORATION, UNLESS OTHERWISE      2,973        

PROVIDED FOR IN THIS CHAPTER, SHALL FILE A TIMELY NOTICE WITH THE  2,974        

SUPERINTENDENT DESCRIBING ANY CHANGE TO THE CORPORATION'S          2,975        

ARTICLES OF INCORPORATION OR REGULATIONS, OR ANY MAJOR             2,976        

MODIFICATION TO ITS OPERATIONS AS SET OUT IN THE INFORMATION       2,977        

REQUIRED BY DIVISION (A) OF THIS SECTION THAT AFFECTS ANY OF THE   2,979        

FOLLOWING:                                                                      

      (a)  THE SOLVENCY OF THE HEALTH INSURING CORPORATION;        2,982        

      (b)  THE HEALTH INSURING CORPORATION'S CONTINUED PROVISION   2,985        

OF SERVICES THAT IT HAS CONTRACTED TO PROVIDE;                     2,986        

      (c)  THE MANNER IN WHICH THE HEALTH INSURING CORPORATION     2,989        

CONDUCTS ITS BUSINESS.                                                          

      (2)  IF THE CHANGE OR MODIFICATION IS TO BE THE RESULT OF    2,991        

AN ACTION TO BE TAKEN BY THE HEALTH INSURING CORPORATION, THE      2,992        

NOTICE SHALL BE FILED WITH THE SUPERINTENDENT PRIOR TO THE HEALTH  2,993        

INSURING CORPORATION TAKING THE ACTION.  THE ACTION SHALL BE       2,995        

DEEMED APPROVED IF THE SUPERINTENDENT DOES NOT DISAPPROVE IT       2,996        

WITHIN SIXTY DAYS OF FILING.                                       2,997        

      (C)(1)  NO HEALTH INSURING CORPORATION SHALL EXPAND ITS      3,000        

APPROVED SERVICE AREA UNTIL A COPY OF THE REQUEST FOR EXPANSION,   3,001        

ACCOMPANIED BY DOCUMENTATION OF THE NETWORK OF PROVIDERS,          3,002        

ENROLLMENT PROJECTIONS, PLAN OF OPERATION, AND ANY OTHER CHANGES   3,003        

HAVE BEEN FILED WITH THE SUPERINTENDENT.                           3,004        

      (2)  WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF A COMPLETE    3,006        

FILING UNDER DIVISION (C)(1) OF THIS SECTION, THE SUPERINTENDENT   3,008        

SHALL REFER THE APPROPRIATE JURISDICTIONAL ISSUES TO THE DIRECTOR  3,009        

OF HEALTH PURSUANT TO SECTION 1751.04 OF THE REVISED CODE.         3,011        

      (3)  WITHIN SEVENTY-FIVE DAYS AFTER THE SUPERINTENDENT'S     3,013        

RECEIPT OF A COMPLETE FILING UNDER DIVISION (C)(1) OF THIS         3,015        

                                                          69     

                                                                 
SECTION, THE SUPERINTENDENT SHALL DETERMINE WHETHER THE PLAN FOR   3,016        

EXPANSION IS LAWFUL, FAIR, AND REASONABLE.  THE SUPERINTENDENT     3,017        

MAY NOT MAKE A DETERMINATION UNTIL THE SUPERINTENDENT HAS          3,018        

RECEIVED THE DIRECTOR'S CERTIFICATION OF COMPLIANCE, WHICH THE     3,019        

DIRECTOR SHALL FURNISH WITHIN FORTY-FIVE DAYS AFTER REFERRAL       3,020        

UNDER DIVISION (C)(2) OF THIS SECTION.  THE DIRECTOR SHALL NOT     3,022        

CERTIFY THAT THE REQUIREMENTS OF SECTION 1751.04 OF THE REVISED    3,024        

CODE ARE NOT MET, UNLESS THE APPLICANT HAS BEEN GIVEN AN           3,025        

OPPORTUNITY FOR A HEARING AS PROVIDED IN DIVISION (D) OF SECTION   3,027        

1751.04 OF THE REVISED CODE.  THE FORTY-FIVE-DAY AND               3,028        

SEVENTY-FIVE-DAY REVIEW PERIODS PROVIDED FOR IN DIVISION (C)(3)    3,030        

OF THIS SECTION SHALL CEASE TO RUN AS OF THE DATE ON WHICH THE     3,031        

NOTICE OF THE APPLICANT'S RIGHT TO REQUEST A HEARING IS MAILED     3,032        

AND SHALL REMAIN SUSPENDED UNTIL THE DIRECTOR ISSUES A FINAL       3,033        

CERTIFICATION.                                                     3,034        

      (4)  IF THE SUPERINTENDENT HAS NOT APPROVED OR DISAPPROVED   3,036        

ALL OR A PORTION OF A SERVICE AREA EXPANSION WITHIN THE            3,037        

SEVENTY-FIVE-DAY PERIOD PROVIDED FOR IN DIVISION (C)(3) OF THIS    3,039        

SECTION, THE FILING SHALL BE DEEMED APPROVED.                      3,040        

      (5)  DISAPPROVAL OF ALL OR A PORTION OF THE FILING SHALL BE  3,043        

EFFECTED BY WRITTEN NOTICE, WHICH SHALL STATE THE GROUNDS FOR THE  3,044        

ORDER OF DISAPPROVAL AND SHALL BE GIVEN IN ACCORDANCE WITH         3,045        

CHAPTER 119. OF THE REVISED CODE.                                               

      Sec. 1751.04.  (A)  UPON THE RECEIPT BY THE SUPERINTENDENT   3,048        

OF INSURANCE OF A COMPLETE APPLICATION FOR A CERTIFICATE OF        3,049        

AUTHORITY TO ESTABLISH OR OPERATE A HEALTH INSURING CORPORATION,   3,050        

WHICH APPLICATION SETS FORTH OR IS ACCOMPANIED BY THE INFORMATION  3,051        

AND DOCUMENTS REQUIRED BY DIVISION (A) OF SECTION 1751.03 OF THE   3,053        

REVISED CODE, THE SUPERINTENDENT SHALL TRANSMIT COPIES OF THE      3,055        

APPLICATION AND ACCOMPANYING DOCUMENTS TO THE DIRECTOR OF HEALTH.  3,056        

      (B)  THE DIRECTOR SHALL REVIEW THE APPLICATION AND           3,059        

ACCOMPANYING DOCUMENTS AND MAKE FINDINGS AS TO WHETHER THE         3,060        

APPLICANT FOR A CERTIFICATE OF AUTHORITY HAS DONE ALL OF THE       3,061        

FOLLOWING WITH RESPECT TO ANY BASIC HEALTH CARE SERVICES AND       3,062        

                                                          70     

                                                                 
SUPPLEMENTAL HEALTH CARE SERVICES TO BE FURNISHED:                 3,063        

      (1)  DEMONSTRATED THE WILLINGNESS AND POTENTIAL ABILITY TO   3,065        

ENSURE THAT ALL BASIC HEALTH CARE SERVICES AND SUPPLEMENTAL        3,066        

HEALTH CARE SERVICES DESCRIBED IN THE EVIDENCE OF COVERAGE WILL    3,068        

BE PROVIDED TO ALL ITS ENROLLEES AS PROMPTLY AS IS APPROPRIATE     3,069        

AND IN A MANNER THAT ASSURES CONTINUITY;                           3,070        

      (2)  MADE EFFECTIVE ARRANGEMENTS TO ENSURE THAT ITS          3,072        

ENROLLEES HAVE RELIABLE ACCESS TO QUALIFIED PROVIDERS IN THOSE     3,073        

SPECIALTIES THAT ARE GENERALLY AVAILABLE IN THE GEOGRAPHIC AREA    3,074        

OR AREAS TO BE SERVED BY THE APPLICANT AND THAT ARE NECESSARY TO   3,075        

PROVIDE ALL BASIC HEALTH CARE SERVICES AND SUPPLEMENTAL HEALTH     3,076        

CARE SERVICES DESCRIBED IN THE EVIDENCE OF COVERAGE;               3,078        

      (3)  MADE APPROPRIATE ARRANGEMENTS FOR THE AVAILABILITY OF   3,080        

SHORT-TERM HEALTH CARE SERVICES IN EMERGENCIES WITHIN THE          3,081        

GEOGRAPHIC AREA OR AREAS TO BE SERVED BY THE APPLICANT,            3,082        

TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK, AND FOR THE        3,083        

PROVISION OF ADEQUATE COVERAGE WHENEVER AN OUT-OF-AREA EMERGENCY   3,084        

ARISES;                                                            3,085        

      (4)  MADE APPROPRIATE ARRANGEMENTS FOR AN ONGOING            3,087        

EVALUATION AND ASSURANCE OF THE QUALITY OF HEALTH CARE SERVICES    3,088        

PROVIDED TO ENROLLEES AND THE ADEQUACY OF THE PERSONNEL,           3,089        

FACILITIES, AND EQUIPMENT BY OR THROUGH WHICH THE SERVICES ARE     3,090        

RENDERED;                                                                       

      (5)  DEVELOPED A PROCEDURE TO GATHER AND REPORT STATISTICS   3,092        

RELATING TO THE COST AND EFFECTIVENESS OF ITS OPERATIONS, THE      3,093        

PATTERN OF UTILIZATION OF ITS SERVICES, AND THE QUALITY,           3,094        

AVAILABILITY, AND ACCESSIBILITY OF ITS SERVICES.                   3,095        

      (C)  WITHIN NINETY DAYS OF THE DIRECTOR'S RECEIPT OF THE     3,097        

APPLICATION FOR ISSUANCE OF A CERTIFICATE OF AUTHORITY, THE        3,099        

DIRECTOR SHALL CERTIFY TO THE SUPERINTENDENT WHETHER OR NOT THE    3,100        

APPLICANT MEETS THE REQUIREMENTS OF DIVISION (B) OF THIS SECTION   3,101        

AND SECTIONS 3702.51 TO 3702.62 OF THE REVISED CODE.  IF THE       3,102        

DIRECTOR CERTIFIES THAT THE APPLICANT DOES NOT MEET THESE          3,103        

REQUIREMENTS, THE DIRECTOR SHALL SPECIFY IN WHAT RESPECTS IT IS    3,104        

                                                          71     

                                                                 
DEFICIENT.  HOWEVER, THE DIRECTOR SHALL NOT CERTIFY THAT THE       3,105        

REQUIREMENTS OF THIS SECTION ARE NOT MET UNLESS THE APPLICANT HAS  3,106        

BEEN GIVEN AN OPPORTUNITY FOR A HEARING.                           3,107        

      (D)  IF THE APPLICANT REQUESTS A HEARING, THE DIRECTOR       3,110        

SHALL HOLD A HEARING BEFORE CERTIFYING THAT THE APPLICANT DOES     3,111        

NOT MEET THE REQUIREMENTS OF THIS SECTION.  THE HEARING SHALL BE   3,112        

HELD IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.          3,114        

      (E)  THE NINETY-DAY REVIEW PERIOD PROVIDED FOR UNDER         3,117        

DIVISION (C) OF THIS SECTION SHALL CEASE TO RUN AS OF THE DATE ON  3,119        

WHICH THE NOTICE OF THE APPLICANT'S RIGHT TO REQUEST A HEARING IS  3,120        

MAILED AND SHALL REMAIN SUSPENDED UNTIL THE DIRECTOR ISSUES A      3,121        

FINAL CERTIFICATION ORDER.                                                      

      Sec. 1751.05.  (A)  THE SUPERINTENDENT OF INSURANCE SHALL    3,124        

ISSUE OR DENY A CERTIFICATE OF AUTHORITY TO ESTABLISH OR OPERATE   3,125        

A HEALTH INSURING CORPORATION TO ANY CORPORATION FILING AN         3,126        

APPLICATION PURSUANT TO SECTION 1751.03 OF THE REVISED CODE        3,128        

WITHIN FORTY-FIVE DAYS OF THE SUPERINTENDENT'S RECEIPT OF THE      3,129        

CERTIFICATION FROM THE DIRECTOR OF HEALTH UNDER DIVISION (C) OF    3,130        

SECTION 1751.04 OF THE REVISED CODE.  A CERTIFICATE OF AUTHORITY   3,131        

SHALL BE ISSUED UPON PAYMENT OF THE APPLICATION FEE PRESCRIBED IN  3,132        

SECTION 1751.44 OF THE REVISED CODE IF THE SUPERINTENDENT IS       3,133        

SATISFIED THAT THE FOLLOWING CONDITIONS ARE MET:                   3,134        

      (1)  THE PERSONS RESPONSIBLE FOR THE CONDUCT OF THE AFFAIRS  3,137        

OF THE APPLICANT ARE COMPETENT, TRUSTWORTHY, AND POSSESS GOOD      3,138        

REPUTATIONS.                                                                    

      (2)  THE DIRECTOR CERTIFIES, IN ACCORDANCE WITH DIVISION     3,140        

(C) OF SECTION 1751.04 OF THE REVISED CODE, THAT THE               3,141        

ORGANIZATION'S PROPOSED PLAN OF OPERATION MEETS THE REQUIREMENTS   3,142        

OF DIVISION (B) OF THAT SECTION AND SECTIONS 3702.51 TO 3702.62    3,144        

OF THE REVISED CODE.  IF, AFTER THE DIRECTOR HAS CERTIFIED         3,145        

COMPLIANCE, THE APPLICATION IS AMENDED IN A MANNER THAT AFFECTS    3,146        

ITS APPROVAL UNDER SECTION 1751.04 OF THE REVISED CODE, THE        3,147        

SUPERINTENDENT SHALL REQUEST THE DIRECTOR TO REVIEW AND RECERTIFY  3,148        

THE AMENDED PLAN OF OPERATION.  WITHIN FORTY-FIVE DAYS OF RECEIPT  3,149        

                                                          72     

                                                                 
OF THE AMENDED PLAN FROM THE SUPERINTENDENT, THE DIRECTOR SHALL    3,150        

CERTIFY TO THE SUPERINTENDENT, PURSUANT TO SECTION 1751.04 OF THE  3,151        

REVISED CODE, WHETHER OR NOT THE AMENDED PLAN MEETS THE            3,153        

REQUIREMENTS OF SECTION 1751.04 OF THE REVISED CODE.  THE          3,154        

SUPERINTENDENT'S FORTY-FIVE-DAY REVIEW PERIOD SHALL CEASE TO RUN   3,155        

AS OF THE DATE ON WHICH THE AMENDED PLAN IS TRANSMITTED TO THE     3,156        

DIRECTOR AND SHALL REMAIN SUSPENDED UNTIL THE SUPERINTENDENT       3,157        

RECEIVES A NEW CERTIFICATION FROM THE DIRECTOR.                                 

      (3)  THE APPLICANT CONSTITUTES AN APPROPRIATE MECHANISM TO   3,159        

EFFECTIVELY PROVIDE OR ARRANGE FOR THE PROVISION OF THE BASIC      3,160        

HEALTH CARE SERVICES, SUPPLEMENTAL HEALTH CARE SERVICES, OR        3,161        

SPECIALTY HEALTH CARE SERVICES TO BE PROVIDED TO ENROLLEES.        3,162        

      (4)  THE APPLICANT IS FINANCIALLY RESPONSIBLE, COMPLIES      3,164        

WITH SECTION 1751.28 OF THE REVISED CODE, AND MAY REASONABLY BE    3,166        

EXPECTED TO MEET ITS OBLIGATIONS TO ENROLLEES AND PROSPECTIVE      3,167        

ENROLLEES.  IN MAKING THIS DETERMINATION, THE SUPERINTENDENT MAY   3,168        

CONSIDER:                                                          3,169        

      (a)  THE FINANCIAL SOUNDNESS OF THE APPLICANT'S              3,171        

ARRANGEMENTS FOR HEALTH CARE SERVICES, INCLUDING THE APPLICANT'S   3,172        

PROPOSED CONTRACTUAL PERIODIC PREPAYMENTS OR PREMIUMS AND THE USE  3,173        

OF COPAYMENTS OR DEDUCTIBLES;                                      3,174        

      (b)  THE ADEQUACY OF WORKING CAPITAL;                        3,176        

      (c)  ANY AGREEMENT WITH AN INSURER, A GOVERNMENT, OR ANY     3,179        

OTHER PERSON FOR INSURING THE PAYMENT OF THE COST OF HEALTH CARE   3,180        

SERVICES OR PROVIDING FOR AUTOMATIC APPLICABILITY OF AN            3,181        

ALTERNATIVE COVERAGE IN THE EVENT OF DISCONTINUANCE OF THE HEALTH  3,182        

INSURING CORPORATION'S OPERATIONS;                                 3,183        

      (d)  ANY AGREEMENT WITH PROVIDERS OR HEALTH CARE FACILITIES  3,185        

FOR THE PROVISION OF HEALTH CARE SERVICES;                         3,186        

      (e)  ANY DEPOSIT OF SECURITIES SUBMITTED IN ACCORDANCE WITH  3,189        

SECTION 1751.27 OF THE REVISED CODE AS A GUARANTEE THAT THE        3,190        

OBLIGATIONS WILL BE PERFORMED.                                     3,191        

      (5)  THE APPLICANT HAS SUBMITTED DOCUMENTATION OF AN         3,193        

ARRANGEMENT TO PROVIDE HEALTH CARE SERVICES TO ITS ENROLLEES       3,194        

                                                          73     

                                                                 
UNTIL THE EXPIRATION OF THE ENROLLEES' CONTRACTS WITH THE          3,195        

APPLICANT IF A HEALTH CARE PLAN OR THE OPERATIONS OF THE HEALTH    3,196        

INSURING CORPORATION ARE DISCONTINUED PRIOR TO THE EXPIRATION OF   3,197        

THE ENROLLEES' CONTRACTS.  AN ARRANGEMENT TO PROVIDE HEALTH CARE   3,198        

SERVICES MAY BE MADE BY USING ANY ONE, OR ANY COMBINATION, OF THE  3,200        

FOLLOWING METHODS:                                                              

      (a)  THE MAINTENANCE OF INSOLVENCY INSURANCE;                3,202        

      (b)  A PROVISION IN CONTRACTS WITH PROVIDERS AND HEALTH      3,205        

CARE FACILITIES, BUT NO HEALTH INSURING CORPORATION SHALL RELY     3,206        

SOLELY ON SUCH A PROVISION FOR MORE THAN THIRTY DAYS;              3,207        

      (c)  AN AGREEMENT WITH OTHER HEALTH INSURING CORPORATIONS    3,210        

OR INSURERS, PROVIDING ENROLLEES WITH AUTOMATIC CONVERSION RIGHTS  3,211        

UPON THE DISCONTINUATION OF A HEALTH CARE PLAN OR THE HEALTH       3,212        

INSURING CORPORATION'S OPERATIONS;                                 3,213        

      (d)  SUCH OTHER METHODS AS APPROVED BY THE SUPERINTENDENT.   3,215        

      (6)  NOTHING IN THE APPLICANT'S PROPOSED METHOD OF           3,217        

OPERATION, AS SHOWN BY THE INFORMATION SUBMITTED PURSUANT TO       3,218        

SECTION 1751.03 OF THE REVISED CODE OR BY INDEPENDENT              3,220        

INVESTIGATION, WILL CAUSE HARM TO AN ENROLLEE OR TO THE PUBLIC AT  3,222        

LARGE, AS DETERMINED BY THE SUPERINTENDENT.                                     

      (7)  ANY DEFICIENCIES CERTIFIED BY THE DIRECTOR HAVE BEEN    3,224        

CORRECTED.                                                         3,225        

      (8)  THE APPLICANT HAS DEPOSITED SECURITIES AS SET FORTH IN  3,228        

SECTION 1751.27 OF THE REVISED CODE.                                            

      (B)  IF AN APPLICANT ELECTS TO FULFILL THE REQUIREMENTS OF   3,231        

DIVISION (A)(5) OF THIS SECTION THROUGH AN AGREEMENT WITH OTHER    3,233        

HEALTH INSURING CORPORATIONS OR INSURERS, THE AGREEMENT SHALL      3,234        

REQUIRE THOSE HEALTH INSURING CORPORATIONS OR INSURERS TO GIVE     3,235        

THIRTY DAYS' NOTICE TO THE SUPERINTENDENT PRIOR TO CANCELLATION    3,236        

OR DISCONTINUATION OF THE AGREEMENT FOR ANY REASON.                3,237        

      (C)  A CERTIFICATE OF AUTHORITY SHALL BE DENIED ONLY AFTER   3,240        

COMPLIANCE WITH THE REQUIREMENTS OF SECTION 1751.36 OF THE         3,241        

REVISED CODE.                                                                   

      Sec. 1751.06.  UPON OBTAINING A CERTIFICATE OF AUTHORITY AS  3,243        

                                                          74     

                                                                 
REQUIRED UNDER THIS CHAPTER, A HEALTH INSURING CORPORATION MAY DO  3,245        

ALL OF THE FOLLOWING:                                                           

      (A)  ENROLL INDIVIDUALS AND THEIR DEPENDENTS IN EITHER OF    3,248        

THE FOLLOWING CIRCUMSTANCES:                                       3,249        

      (1)  THE INDIVIDUAL RESIDES IN THE APPROVED SERVICE AREA.    3,252        

      (2)  THE INDIVIDUAL'S PLACE OF EMPLOYMENT IS LOCATED IN THE  3,255        

APPROVED SERVICE AREA AND THE INDIVIDUAL HAS AGREED TO RECEIVE     3,256        

HEALTH CARE SERVICES IN ACCORDANCE WITH THE EVIDENCE OF COVERAGE.  3,257        

      (B)  CONTRACT WITH PROVIDERS AND HEALTH CARE FACILITIES FOR  3,260        

THE HEALTH CARE SERVICES TO WHICH ENROLLEES ARE ENTITLED UNDER     3,261        

THE TERMS OF THE HEALTH INSURING CORPORATION'S HEALTH CARE         3,262        

CONTRACTS;                                                                      

      (C)  CONTRACT WITH INSURANCE COMPANIES AUTHORIZED TO DO      3,265        

BUSINESS IN THIS STATE FOR INSURANCE, INDEMNITY, OR REIMBURSEMENT  3,266        

AGAINST THE COST OF PROVIDING EMERGENCY AND NONEMERGENCY HEALTH    3,267        

CARE SERVICES FOR ENROLLEES, SUBJECT TO THE PROVISIONS SET FORTH   3,268        

IN THIS CHAPTER AND THE LIMITATIONS SET FORTH IN THE REVISED       3,270        

CODE;                                                                           

      (D)  CONTRACT WITH ANY PERSON PURSUANT TO THE REQUIREMENTS   3,273        

OF DIVISION (A)(18) OF SECTION 1751.03 OF THE REVISED CODE FOR     3,275        

MANAGERIAL OR ADMINISTRATIVE SERVICES, OR FOR DATA PROCESSING,     3,276        

ACTUARIAL ANALYSIS, BILLING SERVICES, OR ANY OTHER SERVICES        3,277        

AUTHORIZED BY THE SUPERINTENDENT OF INSURANCE.  HOWEVER, A HEALTH  3,279        

INSURING CORPORATION SHALL NOT ENTER INTO A CONTRACT FOR ANY OF    3,280        

THE SERVICES LISTED IN THIS DIVISION WITH AN INSURANCE COMPANY     3,281        

THAT IS NOT AUTHORIZED TO ENGAGE IN THE BUSINESS OF INSURANCE IN   3,282        

THIS STATE.                                                                     

      (E)  ACCEPT FROM GOVERNMENTAL AGENCIES, PRIVATE AGENCIES,    3,285        

CORPORATIONS, ASSOCIATIONS, GROUPS, INDIVIDUALS, OR OTHER          3,286        

PERSONS, PAYMENTS COVERING ALL OR PART OF THE COSTS OF PLANNING,   3,287        

DEVELOPMENT, CONSTRUCTION, AND THE PROVISION OF HEALTH CARE        3,288        

SERVICES;                                                                       

      (F)  PURCHASE, LEASE, CONSTRUCT, RENOVATE, OPERATE, OR       3,291        

MAINTAIN HEALTH CARE FACILITIES, AND THEIR ANCILLARY EQUIPMENT,    3,292        

                                                          75     

                                                                 
AND ANY PROPERTY NECESSARY IN THE TRANSACTION OF THE BUSINESS OF   3,293        

THE HEALTH INSURING CORPORATION.                                   3,294        

      NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A  3,296        

HEALTH INSURING CORPORATION WITHOUT OTHER COMMERCIAL ENROLLMENT    3,297        

FROM CONTRACTING SOLELY WITH FEDERAL HEALTH CARE PROGRAMS          3,298        

REGULATED BY FEDERAL REGULATORY BODIES.                                         

      NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE      3,300        

AUTHORITY OF A HEALTH INSURING CORPORATION TO PERFORM THOSE        3,301        

FUNCTIONS NOT OTHERWISE PROHIBITED BY LAW.                         3,302        

      Sec. 1751.07.  ANY TRUSTEE, DIRECTOR, OFFICER, OR EMPLOYEE   3,304        

OF A HEALTH INSURING CORPORATION WHO RECEIVES, COLLECTS,           3,305        

DISBURSES, OR INVESTS FUNDS IN CONNECTION WITH THE ACTIVITIES OF   3,306        

THE HEALTH INSURING CORPORATION SHALL BE RESPONSIBLE FOR SUCH      3,307        

FUNDS IN A FIDUCIARY RELATIONSHIP TO THE CORPORATION.              3,308        

      Sec. 1751.08.  (A)  EXCEPT AS OTHERWISE SPECIFICALLY         3,311        

PROVIDED IN THIS CHAPTER OR TITLE XXXIX OF THE REVISED CODE,       3,313        

PROVISIONS OF TITLE XXXIX OF THE REVISED CODE SHALL NOT BE         3,314        

APPLICABLE TO ANY HEALTH INSURING CORPORATION HOLDING A            3,315        

CERTIFICATE OF AUTHORITY UNDER THIS CHAPTER.  THIS DIVISION SHALL  3,316        

NOT APPLY TO AN INSURER LICENSED AND REGULATED PURSUANT TO TITLE   3,318        

XXXIX OF THE REVISED CODE EXCEPT WITH RESPECT TO ITS HEALTH        3,320        

INSURING CORPORATION ACTIVITIES AUTHORIZED AND REGULATED PURSUANT  3,321        

TO THIS CHAPTER.                                                                

      (B)  FOR THE PURPOSE OF CLARIFYING JURISDICTION UNDER THE    3,325        

"BANKRUPTCY REFORM ACT OF 1978," 92 STAT. 2549, 11 U.S.C.A. 101,   3,327        

AND IN RECOGNITION OF THE RIGHT OF THIS STATE TO REGULATE                       

DOMESTIC INSURANCE COMPANIES UNDER THE "McCARRAN-FERGUSON ACT,"    3,329        

59 STAT. 33 (1945), 15 U.S.C.A. 1011, A HEALTH INSURING            3,332        

CORPORATION IS DEEMED TO BE A DOMESTIC INSURANCE COMPANY.          3,333        

      (C)  SOLICITATION OF ENROLLEES BY A HEALTH INSURING          3,336        

CORPORATION HOLDING A CERTIFICATE OF AUTHORITY UNDER THIS          3,337        

CHAPTER, OR ITS REPRESENTATIVES, SHALL NOT BE CONSTRUED TO         3,338        

VIOLATE ANY PROVISION OF LAW RELATING TO SOLICITATION OR           3,339        

ADVERTISING BY HEALTH PROFESSIONALS.                                            

                                                          76     

                                                                 
      (D)  ANY HEALTH INSURING CORPORATION HOLDING A CERTIFICATE   3,342        

OF AUTHORITY UNDER THIS CHAPTER SHALL NOT BE CONSIDERED TO BE      3,343        

PRACTICING MEDICINE.                                               3,344        

      Sec. 1751.11.  (A)  EVERY SUBSCRIBER OF A HEALTH INSURING    3,347        

CORPORATION IS ENTITLED TO AN EVIDENCE OF COVERAGE FOR THE HEALTH  3,348        

CARE PLAN UNDER WHICH HEALTH CARE BENEFITS ARE PROVIDED.           3,350        

      (B)  EVERY SUBSCRIBER OF A HEALTH INSURING CORPORATION THAT  3,352        

OFFERS BASIC HEALTH CARE SERVICES IS ENTITLED TO AN                3,353        

IDENTIFICATION CARD OR SIMILAR DOCUMENT THAT SPECIFIES THE HEALTH  3,354        

INSURING CORPORATION'S NAME AS STATED IN ITS ARTICLES OF           3,355        

INCORPORATION, AND ANY TRADE OR FICTITIOUS NAMES USED BY THE       3,356        

HEALTH INSURING CORPORATION.  THE IDENTIFICATION CARD OR DOCUMENT  3,357        

SHALL LIST AT LEAST ONE TELEPHONE NUMBER THAT PROVIDES THE         3,358        

SUBSCRIBER WITH ACCESS TO HEALTH CARE ON A                         3,359        

TWENTY-FOUR-HOUR-PER-DAY, SEVEN-DAY-PER-WEEK BASIS.                             

      (C)  NO EVIDENCE OF COVERAGE, OR AMENDMENT TO THE EVIDENCE   3,361        

OF COVERAGE, SHALL BE DELIVERED, ISSUED FOR DELIVERY, RENEWED, OR  3,362        

USED, UNTIL THE FORM OF THE EVIDENCE OF COVERAGE OR AMENDMENT HAS  3,363        

BEEN FILED BY THE HEALTH INSURING CORPORATION WITH THE             3,364        

SUPERINTENDENT OF INSURANCE.  IF THE SUPERINTENDENT DOES NOT       3,365        

DISAPPROVE THE EVIDENCE OF COVERAGE OR AMENDMENT WITHIN SIXTY      3,366        

DAYS AFTER IT IS FILED IT SHALL BE DEEMED APPROVED, UNLESS THE     3,367        

SUPERINTENDENT SOONER GIVES APPROVAL FOR THE EVIDENCE OF COVERAGE  3,368        

OR AMENDMENT.  WITH RESPECT TO AN AMENDMENT TO AN APPROVED         3,369        

EVIDENCE OF COVERAGE, THE SUPERINTENDENT ONLY MAY DISAPPROVE       3,370        

PROVISIONS AMENDED OR ADDED TO THE EVIDENCE OF COVERAGE.  IF THE   3,371        

SUPERINTENDENT DETERMINES WITHIN THE SIXTY-DAY PERIOD THAT ANY     3,372        

EVIDENCE OF COVERAGE OR AMENDMENT FAILS TO MEET THE REQUIREMENTS   3,373        

OF THIS SECTION, THE SUPERINTENDENT SHALL SO NOTIFY THE HEALTH     3,374        

INSURING CORPORATION AND IT SHALL BE UNLAWFUL FOR THE HEALTH       3,375        

INSURING CORPORATION TO USE SUCH EVIDENCE OF COVERAGE OR           3,376        

AMENDMENT.  AT ANY TIME, THE SUPERINTENDENT, UPON AT LEAST THIRTY  3,378        

DAYS' WRITTEN NOTICE TO A HEALTH INSURING CORPORATION, MAY         3,379        

WITHDRAW AN APPROVAL, DEEMED OR ACTUAL, OF ANY EVIDENCE OF                      

                                                          77     

                                                                 
COVERAGE OR AMENDMENT ON ANY OF THE GROUNDS STATED IN THIS         3,380        

SECTION.  SUCH DISAPPROVAL SHALL BE EFFECTED BY A WRITTEN ORDER,   3,381        

WHICH SHALL STATE THE GROUNDS FOR DISAPPROVAL AND SHALL BE ISSUED  3,383        

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.               3,385        

      (D)  NO EVIDENCE OF COVERAGE OR AMENDMENT SHALL BE           3,387        

DELIVERED, ISSUED FOR DELIVERY, RENEWED, OR USED:                  3,388        

      (1)  IF IT CONTAINS PROVISIONS OR STATEMENTS THAT ARE        3,390        

INEQUITABLE, UNTRUE, MISLEADING, OR DECEPTIVE;                     3,391        

      (2)  UNLESS IT CONTAINS A CLEAR, CONCISE, AND COMPLETE       3,393        

STATEMENT OF THE FOLLOWING:                                        3,394        

      (a)  THE HEALTH CARE SERVICES AND INSURANCE OR OTHER         3,397        

BENEFITS, IF ANY, TO WHICH THE ENROLLEE IS ENTITLED UNDER THE      3,398        

HEALTH CARE PLAN;                                                               

      (b)  ANY EXCLUSIONS OR LIMITATIONS ON THE HEALTH CARE        3,401        

SERVICES, TYPE OF HEALTH CARE SERVICES, BENEFITS, OR TYPE OF       3,402        

BENEFITS TO BE PROVIDED, INCLUDING COPAYMENTS OR DEDUCTIBLES;      3,403        

      (c)  THE ENROLLEE'S PERSONAL FINANCIAL OBLIGATION FOR        3,405        

NONCOVERED SERVICES;                                               3,406        

      (d)  WHERE AND IN WHAT MANNER GENERAL INFORMATION AND        3,409        

INFORMATION AS TO HOW SERVICES MAY BE OBTAINED IS AVAILABLE,       3,410        

INCLUDING THE TELEPHONE NUMBER;                                    3,411        

      (e)  THE PREMIUM RATE WITH RESPECT TO INDIVIDUAL AND         3,413        

CONVERSION CONTRACTS, AND RELEVANT COPAYMENT PROVISIONS WITH       3,414        

RESPECT TO ALL CONTRACTS.  THE STATEMENT OF THE PREMIUM RATE,      3,415        

HOWEVER, MAY BE CONTAINED IN A SEPARATE INSERT.                    3,416        

      (f)  THE METHOD UTILIZED BY THE HEALTH INSURING CORPORATION  3,419        

FOR RESOLVING ENROLLEE COMPLAINTS.                                 3,420        

      (3)  UNLESS IT PROVIDES FOR THE CONTINUATION OF AN           3,422        

ENROLLEE'S COVERAGE, IN THE EVENT THAT THE ENROLLEE'S COVERAGE     3,423        

UNDER THE POLICY, CONTRACT, CERTIFICATE, OR AGREEMENT TERMINATES   3,424        

WHILE THE ENROLLEE IS RECEIVING INPATIENT CARE IN A HOSPITAL.      3,425        

THIS CONTINUATION OF COVERAGE SHALL TERMINATE AT THE EARLIEST      3,426        

OCCURRENCE OF ANY OF THE FOLLOWING:                                3,427        

      (a)  THE ENROLLEE'S DISCHARGE FROM THE HOSPITAL;             3,429        

                                                          78     

                                                                 
      (b)  THE DETERMINATION BY THE ENROLLEE'S ATTENDING           3,431        

PHYSICIAN THAT INPATIENT CARE IS NO LONGER MEDICALLY INDICATED     3,432        

FOR THE ENROLLEE;                                                               

      (c)  THE ENROLLEE'S REACHING THE LIMIT FOR CONTRACTUAL       3,434        

BENEFITS.                                                          3,435        

      (4)  UNLESS IT CONTAINS A PROVISION THAT STATES, IN          3,437        

SUBSTANCE, THAT THE HEALTH INSURING CORPORATION IS NOT A MEMBER    3,438        

OF ANY GUARANTY FUND, AND THAT IN THE EVENT OF THE HEALTH          3,439        

INSURING CORPORATION'S INSOLVENCY, THE ENROLLEE IS PROTECTED ONLY  3,441        

TO THE EXTENT THAT THE HOLD HARMLESS PROVISION REQUIRED BY                      

SECTION 1751.13 OF THE REVISED CODE APPLIES TO THE HEALTH CARE     3,443        

SERVICES RENDERED;                                                 3,444        

      (5)  UNLESS IT CONTAINS A PROVISION THAT STATES, IN          3,446        

SUBSTANCE, THAT IN THE EVENT OF THE INSOLVENCY OF THE HEALTH       3,447        

INSURING CORPORATION, THE ENROLLEE MAY BE FINANCIALLY RESPONSIBLE  3,449        

FOR HEALTH CARE SERVICES RENDERED BY A PROVIDER OR HEALTH CARE     3,450        

FACILITY THAT IS NOT UNDER CONTRACT TO THE HEALTH INSURING         3,451        

CORPORATION, WHETHER OR NOT THE HEALTH INSURING CORPORATION        3,452        

AUTHORIZED THE USE OF THE PROVIDER OR HEALTH CARE FACILITY.        3,453        

      (E)  NOTWITHSTANDING DIVISION (D) OF THIS SECTION, A HEALTH  3,457        

INSURING CORPORATION MAY USE AN EVIDENCE OF COVERAGE THAT                       

PROVIDES FOR THE COVERAGE OF BENEFICIARIES ENROLLED IN TITLE       3,459        

XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42        3,461        

U.S.C.A. 301, AS AMENDED, PURSUANT TO A MEDICARE RISK CONTRACT OR  3,462        

MEDICARE COST CONTRACT, OR AN EVIDENCE OF COVERAGE THAT PROVIDES   3,463        

FOR THE COVERAGE OF BENEFICIARIES ENROLLED IN THE FEDERAL          3,464        

EMPLOYEES HEALTH BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A. 8905, OR  3,467        

AN EVIDENCE OF COVERAGE THAT PROVIDES FOR THE COVERAGE OF          3,468        

BENEFICIARIES ENROLLED IN TITLE XIX OF THE "SOCIAL SECURITY ACT,"  3,470        

49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, KNOWN AS THE     3,471        

MEDICAL ASSISTANCE PROGRAM OR MEDICAID, PROVIDED BY THE OHIO       3,473        

DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5111. OF THE REVISED    3,474        

CODE, OR AN EVIDENCE OF COVERAGE THAT PROVIDES FOR THE COVERAGE    3,475        

OF BENEFICIARIES UNDER ANY OTHER FEDERAL HEALTH CARE PROGRAM       3,476        

                                                          79     

                                                                 
REGULATED BY A FEDERAL REGULATORY BODY, IF BOTH OF THE FOLLOWING                

APPLY:                                                             3,477        

      (1)  THE EVIDENCE OF COVERAGE HAS BEEN APPROVED BY THE       3,480        

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE UNITED  3,481        

STATES OFFICE OF PERSONNEL MANAGEMENT, OR THE OHIO DEPARTMENT OF   3,482        

HUMAN SERVICES.                                                                 

      (2)  THE EVIDENCE OF COVERAGE IS FILED WITH THE              3,484        

SUPERINTENDENT OF INSURANCE PRIOR TO USE AND IS ACCOMPANIED BY     3,485        

DOCUMENTATION OF APPROVAL FROM THE UNITED STATES DEPARTMENT OF     3,487        

HEALTH AND HUMAN SERVICES, THE UNITED STATES OFFICE OF PERSONNEL   3,488        

MANAGEMENT, OR THE OHIO DEPARTMENT OF HUMAN SERVICES.              3,489        

      Sec. 1751.12.  (A)(1)  NO CONTRACTUAL PERIODIC PREPAYMENT    3,492        

AND NO PREMIUM RATE FOR NONGROUP AND CONVERSION POLICIES FOR       3,493        

HEALTH CARE SERVICES, OR ANY AMENDMENT TO THEM, MAY BE USED BY     3,494        

ANY HEALTH INSURING CORPORATION AT ANY TIME UNTIL THE CONTRACTUAL  3,495        

PERIODIC PREPAYMENT AND PREMIUM RATE, OR AMENDMENT, HAVE BEEN      3,496        

FILED WITH THE SUPERINTENDENT OF INSURANCE, AND SHALL NOT BE       3,497        

EFFECTIVE UNTIL THE EXPIRATION OF SIXTY DAYS AFTER THEIR FILING    3,498        

UNLESS THE SUPERINTENDENT SOONER GIVES APPROVAL.  THE              3,499        

SUPERINTENDENT SHALL DISAPPROVE THE FILING, IF THE SUPERINTENDENT  3,500        

DETERMINES WITHIN THE SIXTY-DAY PERIOD THAT THE CONTRACTUAL        3,501        

PERIODIC PREPAYMENT OR PREMIUM RATE, OR AMENDMENT, IS NOT IN       3,502        

ACCORDANCE WITH SOUND ACTUARIAL PRINCIPLES OR IS NOT REASONABLY    3,503        

RELATED TO THE APPLICABLE COVERAGE AND CHARACTERISTICS OF THE      3,504        

APPLICABLE CLASS OF ENROLLEES.  THE SUPERINTENDENT SHALL NOTIFY    3,505        

THE HEALTH INSURING CORPORATION OF THE DISAPPROVAL, AND IT SHALL   3,506        

THEREAFTER BE UNLAWFUL FOR THE HEALTH INSURING CORPORATION TO USE  3,507        

THE CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE, OR            3,508        

AMENDMENT.                                                                      

      (2)  NO CONTRACTUAL PERIODIC PREPAYMENT FOR GROUP POLICIES   3,511        

FOR HEALTH CARE SERVICES SHALL BE USED UNTIL THE CONTRACTUAL       3,512        

PERIODIC PREPAYMENT HAS BEEN FILED WITH THE SUPERINTENDENT.  THE   3,513        

SUPERINTENDENT MAY REJECT A FILING MADE UNDER DIVISION (A)(2) OF   3,514        

THIS SECTION AT ANY TIME, WITH AT LEAST THIRTY DAYS' WRITTEN       3,515        

                                                          80     

                                                                 
NOTICE TO A HEALTH INSURING CORPORATION, IF THE CONTRACTUAL        3,516        

PERIODIC PREPAYMENT IS NOT IN ACCORDANCE WITH SOUND ACTUARIAL      3,518        

PRINCIPLES OR IS NOT REASONABLY RELATED TO THE APPLICABLE          3,519        

COVERAGE AND CHARACTERISTICS OF THE APPLICABLE CLASS OF            3,520        

ENROLLEES.                                                                      

      (3)  AT ANY TIME, THE SUPERINTENDENT, UPON AT LEAST THIRTY   3,522        

DAYS' WRITTEN NOTICE TO A HEALTH INSURING CORPORATION, MAY         3,523        

WITHDRAW THE APPROVAL GIVEN UNDER DIVISION (A)(1) OF THIS          3,524        

SECTION, DEEMED OR ACTUAL, OF ANY CONTRACTUAL PERIODIC PREPAYMENT  3,526        

OR PREMIUM RATE, OR AMENDMENT, BASED ON INFORMATION THAT EITHER    3,527        

OF THE FOLLOWING APPLIES:                                                       

      (a)  THE CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE,    3,530        

OR AMENDMENT, IS NOT IN ACCORDANCE WITH SOUND ACTUARIAL            3,531        

PRINCIPLES.                                                                     

      (b)  THE CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE,    3,534        

OR AMENDMENT, IS NOT REASONABLY RELATED TO THE APPLICABLE          3,535        

COVERAGE AND CHARACTERISTICS OF THE APPLICABLE CLASS OF            3,536        

ENROLLEES.                                                                      

      (4)  ANY DISAPPROVAL UNDER DIVISION (A)(1) OF THIS SECTION,  3,538        

ANY REJECTION OF A FILING MADE UNDER DIVISION (A)(2) OF THIS       3,540        

SECTION, OR ANY WITHDRAWAL OF APPROVAL UNDER DIVISION (A)(3) OF    3,541        

THIS SECTION, SHALL BE EFFECTED BY A WRITTEN NOTICE, WHICH SHALL   3,542        

STATE THE SPECIFIC BASIS FOR THE DISAPPROVAL, REJECTION, OR        3,543        

WITHDRAWAL AND SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 119. OF  3,544        

THE REVISED CODE.                                                  3,545        

      (B)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A HEALTH  3,548        

INSURING CORPORATION MAY USE A CONTRACTUAL PERIODIC PREPAYMENT OR  3,549        

PREMIUM RATE FOR POLICIES USED FOR THE COVERAGE OF BENEFICIARIES   3,550        

ENROLLED IN TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT.     3,552        

620 (1935), 42 U.S.C.A. 301, AS AMENDED, PURSUANT TO A MEDICARE    3,554        

RISK CONTRACT OR MEDICARE COST CONTRACT, OR FOR POLICIES USED FOR  3,555        

THE COVERAGE OF BENEFICIARIES ENROLLED IN THE FEDERAL EMPLOYEES    3,556        

HEALTH BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A. 8905, OR FOR        3,559        

POLICIES USED FOR THE COVERAGE OF BENEFICIARIES ENROLLED IN TITLE  3,560        

                                                          81     

                                                                 
XIX OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42          3,563        

U.S.C.A. 301, AS AMENDED, KNOWN AS THE MEDICAL ASSISTANCE PROGRAM  3,565        

OR MEDICAID, PROVIDED BY THE OHIO DEPARTMENT OF HUMAN SERVICES     3,566        

UNDER CHAPTER 5111. OF THE REVISED CODE, OR FOR POLICIES USED FOR  3,567        

THE COVERAGE OF BENEFICIARIES UNDER ANY OTHER FEDERAL HEALTH CARE  3,568        

PROGRAM REGULATED BY A FEDERAL REGULATORY BODY, IF BOTH OF THE     3,569        

FOLLOWING APPLY:                                                   3,570        

      (1)  THE CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE     3,572        

HAS BEEN APPROVED BY THE UNITED STATES DEPARTMENT OF HEALTH AND    3,573        

HUMAN SERVICES, THE UNITED STATES OFFICE OF PERSONNEL MANAGEMENT,  3,575        

OR THE OHIO DEPARTMENT OF HUMAN SERVICES.                                       

      (2)  THE CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE IS  3,577        

FILED WITH THE SUPERINTENDENT PRIOR TO USE AND IS ACCOMPANIED BY   3,578        

DOCUMENTATION OF APPROVAL FROM THE UNITED STATES DEPARTMENT OF     3,580        

HEALTH AND HUMAN SERVICES, THE UNITED STATES OFFICE OF PERSONNEL   3,582        

MANAGEMENT, OR THE OHIO DEPARTMENT OF HUMAN SERVICES.              3,584        

      (C)  THE ADMINISTRATIVE EXPENSE PORTION OF ALL CONTRACTUAL   3,587        

PERIODIC PREPAYMENT OR PREMIUM RATE FILINGS SUBMITTED TO THE       3,588        

SUPERINTENDENT FOR REVIEW MUST REFLECT THE ACTUAL COST OF          3,589        

ADMINISTERING THE PRODUCT.  THE SUPERINTENDENT MAY REQUIRE THAT    3,590        

THE ADMINISTRATIVE EXPENSE PORTION OF THE FILINGS BE ITEMIZED AND  3,591        

SUPPORTED.                                                                      

      (D)(1)  COPAYMENTS AND DEDUCTIBLES MUST BE REASONABLE AND    3,594        

MUST NOT BE A BARRIER TO THE NECESSARY UTILIZATION OF SERVICES BY  3,595        

ENROLLEES.                                                                      

      (2)  A HEALTH INSURING CORPORATION MAY NOT IMPOSE COPAYMENT  3,598        

CHARGES ON BASIC HEALTH CARE SERVICES THAT EXCEED THIRTY PER CENT  3,599        

OF THE TOTAL COST OF PROVIDING ANY SINGLE COVERED HEALTH CARE      3,600        

SERVICE, EXCEPT FOR EMERGENCY HEALTH SERVICES AND URGENT CARE      3,601        

SERVICES.  THE TOTAL COST OF PROVIDING A HEALTH CARE SERVICE IS    3,602        

THE COST TO THE HEALTH INSURING CORPORATION OF PROVIDING THE       3,603        

HEALTH CARE SERVICE TO THE ENROLLEE AS REDUCED BY ANY APPLICABLE   3,604        

PROVIDER DISCOUNT.  AN OPEN PANEL PLAN MAY NOT IMPOSE COPAYMENTS   3,605        

ON OUT-OF-NETWORK BENEFITS THAT EXCEED FIFTY PER CENT OF THE       3,606        

                                                          82     

                                                                 
TOTAL COST OF PROVIDING ANY SINGLE COVERED HEALTH CARE SERVICE.    3,607        

      (3)  TO ENSURE THAT COPAYMENTS ARE NOT A BARRIER TO THE      3,609        

UTILIZATION OF BASIC HEALTH CARE SERVICES, A HEALTH INSURING       3,610        

CORPORATION MAY NOT IMPOSE, IN ANY CONTRACT YEAR, ON ANY           3,611        

SUBSCRIBER OR ENROLLEE, COPAYMENTS THAT EXCEED TWO HUNDRED PER     3,612        

CENT OF THE TOTAL ANNUAL PREMIUM RATE TO THE SUBSCRIBER OR         3,613        

ENROLLEES.  THIS LIMITATION OF TWO HUNDRED PER CENT DOES NOT       3,615        

INCLUDE ANY REASONABLE COPAYMENTS THAT ARE NOT A BARRIER TO THE    3,616        

NECESSARY UTILIZATION OF HEALTH CARE SERVICES BY ENROLLEES AND     3,617        

THAT ARE IMPOSED ON PHYSICIAN OFFICE VISITS, EMERGENCY HEALTH      3,618        

SERVICES, URGENT CARE SERVICES, SUPPLEMENTAL HEALTH CARE           3,619        

SERVICES, OR SPECIALTY HEALTH CARE SERVICES.                                    

      (E)  A HEALTH INSURING CORPORATION SHALL NOT IMPOSE          3,622        

LIFETIME MAXIMUMS ON BASIC HEALTH CARE SERVICES.  HOWEVER, A       3,623        

HEALTH INSURING CORPORATION MAY ESTABLISH A BENEFIT LIMIT FOR      3,624        

INPATIENT HOSPITAL SERVICES THAT ARE PROVIDED PURSUANT TO A        3,625        

POLICY, CONTRACT, CERTIFICATE, OR AGREEMENT FOR SUPPLEMENTAL       3,626        

HEALTH CARE SERVICES.                                                           

      Sec. 1751.13.  (A)(1)  A HEALTH INSURING CORPORATION SHALL,  3,629        

EITHER DIRECTLY OR INDIRECTLY, ENTER INTO CONTRACTS FOR THE        3,630        

PROVISION OF HEALTH CARE SERVICES WITH A SUFFICIENT NUMBER AND     3,631        

TYPES OF PROVIDERS AND HEALTH CARE FACILITIES TO ENSURE THAT ALL   3,632        

COVERED HEALTH CARE SERVICES WILL BE ACCESSIBLE TO ENROLLEES FROM  3,633        

A CONTRACTED PROVIDER OR HEALTH CARE FACILITY.                     3,634        

      (2)  WHEN A HEALTH INSURING CORPORATION IS UNABLE TO         3,636        

PROVIDE A COVERED HEALTH CARE SERVICE FROM A CONTRACTED PROVIDER   3,637        

OR HEALTH CARE FACILITY, THE HEALTH INSURING CORPORATION MUST      3,638        

PROVIDE THAT HEALTH CARE SERVICE FROM A NONCONTRACTED PROVIDER OR  3,640        

HEALTH CARE FACILITY CONSISTENT WITH THE TERMS OF THE ENROLLEE'S   3,641        

POLICY, CONTRACT, CERTIFICATE, OR AGREEMENT.  THE HEALTH INSURING  3,642        

CORPORATION SHALL EITHER ENSURE THAT THE HEALTH CARE SERVICE BE    3,643        

PROVIDED AT NO GREATER COST TO THE ENROLLEE THAN IF THE ENROLLEE   3,644        

HAD OBTAINED THE HEALTH CARE SERVICE FROM A CONTRACTED PROVIDER    3,645        

OR HEALTH CARE FACILITY, OR MAKE OTHER ARRANGEMENTS ACCEPTABLE TO  3,646        

                                                          83     

                                                                 
THE SUPERINTENDENT OF INSURANCE.                                   3,647        

      (3)  NOTHING IN THIS SECTION SHALL PROHIBIT A HEALTH         3,649        

INSURING CORPORATION FROM ENTERING INTO CONTRACTS WITH             3,650        

OUT-OF-STATE PROVIDERS OR HEALTH CARE FACILITIES THAT ARE          3,651        

LICENSED, CERTIFIED, ACCREDITED, OR OTHERWISE AUTHORIZED IN THAT   3,652        

STATE.                                                             3,653        

      (B)(1)  A HEALTH INSURING CORPORATION SHALL, EITHER          3,656        

DIRECTLY OR INDIRECTLY, ENTER INTO CONTRACTS WITH ALL PROVIDERS    3,657        

AND HEALTH CARE FACILITIES THROUGH WHICH HEALTH CARE SERVICES ARE  3,658        

PROVIDED TO ITS ENROLLEES.                                                      

      (2)  A HEALTH INSURING CORPORATION, UPON WRITTEN REQUEST,    3,660        

SHALL ASSIST ITS CONTRACTED PROVIDERS IN FINDING STOP-LOSS OR      3,661        

REINSURANCE CARRIERS.                                                           

      (C)  A HEALTH INSURING CORPORATION SHALL FILE AN ANNUAL      3,662        

CERTIFICATE WITH THE SUPERINTENDENT CERTIFYING THAT ALL PROVIDER   3,663        

CONTRACTS AND CONTRACTS WITH HEALTH CARE FACILITIES THROUGH WHICH  3,664        

HEALTH CARE SERVICES ARE BEING PROVIDED CONTAIN THE FOLLOWING:     3,665        

      (1)  A DESCRIPTION OF THE METHOD BY WHICH THE PROVIDER OR    3,667        

HEALTH CARE FACILITY WILL BE NOTIFIED OF THE SPECIFIC HEALTH CARE  3,669        

SERVICES FOR WHICH THE PROVIDER OR HEALTH CARE FACILITY WILL BE    3,670        

RESPONSIBLE, INCLUDING ANY LIMITATIONS OR CONDITIONS ON SUCH       3,671        

SERVICES;                                                                       

      (2)  THE SPECIFIC HOLD HARMLESS PROVISION SPECIFYING         3,673        

PROTECTION OF ENROLLEES SET FORTH AS FOLLOWS:                      3,674        

      "[PROVIDER/HEALTH CARE FACILITY< AGREES THAT IN NO EVENT,    3,677        

INCLUDING BUT NOT LIMITED TO NONPAYMENT BY THE HEALTH INSURING     3,678        

CORPORATION, INSOLVENCY OF THE HEALTH INSURING CORPORATION, OR     3,679        

BREACH OF THIS AGREEMENT, SHALL [PROVIDER/HEALTH CARE FACILITY<    3,681        

BILL, CHARGE, COLLECT A DEPOSIT FROM, SEEK REMUNERATION OR         3,682        

REIMBURSEMENT FROM, OR HAVE ANY RECOURSE AGAINST, A SUBSCRIBER,    3,683        

ENROLLEE, PERSON TO WHOM HEALTH CARE SERVICES HAVE BEEN PROVIDED,  3,685        

OR PERSON ACTING ON BEHALF OF THE COVERED ENROLLEE, FOR HEALTH     3,686        

CARE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.  THIS DOES NOT  3,687        

PROHIBIT [PROVIDER/HEALTH CARE FACILITY< FROM COLLECTING           3,688        

                                                          84     

                                                                 
CO-INSURANCE, DEDUCTIBLES, OR COPAYMENTS AS SPECIFICALLY PROVIDED  3,690        

IN THE EVIDENCE OF COVERAGE, OR FEES FOR UNCOVERED HEALTH CARE     3,691        

SERVICES DELIVERED ON A FEE-FOR-SERVICE BASIS TO PERSONS           3,692        

REFERENCED ABOVE, NOR FROM ANY RECOURSE AGAINST THE HEALTH         3,693        

INSURING CORPORATION OR ITS SUCCESSOR."                                         

      (3)  PROVISIONS REQUIRING THE PROVIDER OR HEALTH CARE        3,695        

FACILITY TO CONTINUE TO PROVIDE COVERED HEALTH CARE SERVICES TO    3,696        

ENROLLEES IN THE EVENT OF THE HEALTH INSURING CORPORATION'S        3,697        

INSOLVENCY OR DISCONTINUANCE OF OPERATIONS.  THE PROVISIONS SHALL  3,699        

REQUIRE THE PROVIDER OR HEALTH CARE FACILITY TO CONTINUE TO        3,700        

PROVIDE COVERED HEALTH CARE SERVICES TO ENROLLEES AS NEEDED TO     3,701        

COMPLETE ANY MEDICALLY NECESSARY PROCEDURES COMMENCED BUT          3,702        

UNFINISHED AT THE TIME OF THE HEALTH INSURING CORPORATION'S                     

INSOLVENCY OR DISCONTINUANCE OF OPERATIONS.  IF AN ENROLLEE IS     3,703        

RECEIVING NECESSARY INPATIENT CARE AT A HOSPITAL, THE PROVISIONS   3,704        

MAY LIMIT THE REQUIRED PROVISION OF COVERED HEALTH CARE SERVICES   3,705        

RELATING TO THAT INPATIENT CARE IN ACCORDANCE WITH DIVISION        3,707        

(D)(3) OF SECTION 1751.11 OF THE REVISED CODE, AND MAY ALSO LIMIT  3,708        

SUCH REQUIRED PROVISION OF COVERED HEALTH CARE SERVICES TO THE     3,709        

PERIOD ENDING THIRTY DAYS AFTER THE HEALTH INSURING CORPORATION'S  3,710        

INSOLVENCY OR DISCONTINUANCE OF OPERATIONS.                        3,711        

      THE PROVISIONS REQUIRED BY DIVISION (C)(3) OF THIS SECTION   3,714        

SHALL NOT REQUIRE ANY PROVIDER OR HEALTH CARE FACILITY TO          3,715        

CONTINUE TO PROVIDE ANY COVERED HEALTH CARE SERVICE AFTER THE                   

OCCURRENCE OF ANY OF THE FOLLOWING:                                3,716        

      (a) THE END OF THE THIRTY-DAY PERIOD FOLLOWING THE ENTRY OF  3,719        

A LIQUIDATION ORDER UNDER CHAPTER 3903. OF THE REVISED CODE;       3,720        

      (b) THE END OF THE ENROLLEE'S PERIOD OF COVERAGE FOR A       3,722        

CONTRACTUAL PREPAYMENT OR PREMIUM;                                 3,723        

      (c) THE ENROLLEE OBTAINS EQUIVALENT COVERAGE WITH ANOTHER    3,725        

HEALTH INSURING CORPORATION OR INSURER, OR THE ENROLLEE'S          3,726        

EMPLOYER OBTAINS SUCH COVERAGE FOR THE ENROLLEE;                   3,727        

      (d) THE ENROLLEE OR THE ENROLLEE'S EMPLOYER TERMINATES       3,729        

COVERAGE UNDER THE CONTRACT;                                       3,730        

                                                          85     

                                                                 
      (e) A LIQUIDATOR EFFECTS A TRANSFER OF THE HEALTH INSURING   3,733        

CORPORATION'S OBLIGATIONS UNDER THE CONTRACT UNDER DIVISION        3,734        

(A)(8) OF SECTION 3903.21 OF THE REVISED CODE.                     3,735        

      (4)  A PROVISION CLEARLY STATING THE RIGHTS AND              3,737        

RESPONSIBILITIES OF THE HEALTH INSURING CORPORATION, AND OF THE    3,738        

CONTRACTED PROVIDERS AND HEALTH CARE FACILITIES, WITH RESPECT TO   3,739        

ADMINISTRATIVE POLICIES AND PROGRAMS, INCLUDING, BUT NOT LIMITED   3,740        

TO, PAYMENTS SYSTEMS, UTILIZATION REVIEW, QUALITY ASSESSMENT AND   3,741        

IMPROVEMENT PROGRAMS, CREDENTIALING, CONFIDENTIALITY               3,742        

REQUIREMENTS, AND ANY APPLICABLE FEDERAL OR STATE PROGRAMS;        3,744        

      (5)  A PROVISION REGARDING THE AVAILABILITY AND              3,746        

CONFIDENTIALITY OF THOSE HEALTH RECORDS MAINTAINED BY PROVIDERS    3,747        

AND HEALTH CARE FACILITIES TO MONITOR AND EVALUATE THE QUALITY OF  3,749        

CARE, TO CONDUCT EVALUATIONS AND AUDITS, AND TO DETERMINE ON A     3,750        

CONCURRENT OR RETROSPECTIVE BASIS THE NECESSITY OF AND                          

APPROPRIATENESS OF HEALTH CARE SERVICES PROVIDED TO ENROLLEES.     3,751        

THE PROVISION SHALL INCLUDE TERMS REQUIRING THE PROVIDER OR        3,752        

HEALTH CARE FACILITY TO MAKE THESE HEALTH RECORDS AVAILABLE TO     3,753        

APPROPRIATE STATE AND FEDERAL AUTHORITIES INVOLVED IN ASSESSING    3,754        

THE QUALITY OF CARE OR IN INVESTIGATING THE GRIEVANCES OR          3,755        

COMPLAINTS OF ENROLLEES, AND REQUIRING THE PROVIDER OR HEALTH      3,756        

CARE FACILITY TO COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS     3,757        

RELATED TO THE CONFIDENTIALITY OF MEDICAL OR HEALTH RECORDS.       3,759        

      (6)  A PROVISION THAT STATES THAT CONTRACTUAL RIGHTS AND     3,761        

RESPONSIBILITIES MAY NOT BE ASSIGNED OR DELEGATED BY THE PROVIDER  3,763        

OR HEALTH CARE FACILITY WITHOUT THE PRIOR WRITTEN CONSENT OF THE   3,764        

HEALTH INSURING CORPORATION;                                                    

      (7)  A PROVISION REQUIRING THE PROVIDER OR HEALTH CARE       3,766        

FACILITY TO MAINTAIN ADEQUATE PROFESSIONAL LIABILITY AND           3,767        

MALPRACTICE INSURANCE.  THE PROVISION SHALL ALSO REQUIRE THE       3,768        

PROVIDER OR HEALTH CARE FACILITY TO NOTIFY THE HEALTH INSURING     3,769        

CORPORATION NOT MORE THAN TEN DAYS AFTER THE PROVIDER'S OR HEALTH  3,771        

CARE FACILITY'S RECEIPT OF NOTICE OF ANY REDUCTION OR                           

CANCELLATION OF SUCH COVERAGE.                                     3,772        

                                                          86     

                                                                 
      (8)  A PROVISION REQUIRING THE PROVIDER OR HEALTH CARE       3,774        

FACILITY TO OBSERVE, PROTECT, AND PROMOTE THE RIGHTS OF ENROLLEES  3,776        

AS PATIENTS;                                                                    

      (9)  A PROVISION REQUIRING THE PROVIDER OR HEALTH CARE       3,778        

FACILITY TO PROVIDE HEALTH CARE SERVICES WITHOUT DISCRIMINATION    3,779        

ON THE BASIS OF A PATIENT'S PARTICIPATION IN THE HEALTH CARE       3,780        

PLAN, AGE, SEX, ETHNICITY, RELIGION, SEXUAL PREFERENCE, HEALTH     3,781        

STATUS, OR DISABILITY, AND WITHOUT REGARD TO THE SOURCE OF         3,782        

PAYMENTS MADE FOR HEALTH CARE SERVICES RENDERED TO A PATIENT.      3,783        

THIS REQUIREMENT SHALL NOT APPLY TO CIRCUMSTANCES WHEN THE         3,784        

PROVIDER OR HEALTH CARE FACILITY APPROPRIATELY DOES NOT RENDER     3,785        

SERVICES DUE TO LIMITATIONS ARISING FROM THE PROVIDER'S OR HEALTH  3,787        

CARE FACILITY'S LACK OF TRAINING, EXPERIENCE, OR SKILL, OR DUE TO  3,788        

LICENSING RESTRICTIONS.                                                         

      (10)  A PROVISION CONTAINING THE SPECIFICS OF ANY            3,790        

OBLIGATION ON THE PROVIDER OR HEALTH CARE FACILITY TO PROVIDE, OR  3,792        

TO ARRANGE FOR THE PROVISION OF, COVERED HEALTH CARE SERVICES                   

TWENTY-FOUR HOURS PER DAY, SEVEN DAYS PER WEEK;                    3,793        

      (11)  A PROVISION SETTING FORTH PROCEDURES FOR THE           3,795        

RESOLUTION OF DISPUTES ARISING OUT OF THE CONTRACT;                3,796        

      (12)  A PROVISION STATING THAT THE HOLD HARMLESS PROVISION   3,798        

REQUIRED BY DIVISION (C)(2) OF THIS SECTION SHALL SURVIVE THE      3,800        

TERMINATION OF THE CONTRACT WITH RESPECT TO SERVICES COVERED AND   3,801        

PROVIDED UNDER THE CONTRACT DURING THE TIME THE CONTRACT WAS IN    3,802        

EFFECT, REGARDLESS OF THE REASON FOR THE TERMINATION, INCLUDING                 

THE INSOLVENCY OF THE HEALTH INSURING CORPORATION;                 3,803        

      (13)  A PROVISION REQUIRING THOSE TERMS THAT ARE USED IN     3,805        

THE CONTRACT AND THAT ARE DEFINED BY THIS CHAPTER, BE USED IN THE  3,807        

CONTRACT IN A MANNER CONSISTENT WITH THOSE DEFINITIONS.            3,808        

      (D)  NO HEALTH INSURING CORPORATION CONTRACT WITH A          3,811        

PROVIDER OR HEALTH CARE FACILITY SHALL DO EITHER OF THE            3,812        

FOLLOWING:                                                                      

      (1)  OFFER AN INDUCEMENT TO THE PROVIDER OR HEALTH CARE      3,814        

FACILITY, DIRECTLY OR INDIRECTLY, TO REDUCE OR LIMIT MEDICALLY     3,815        

                                                          87     

                                                                 
NECESSARY HEALTH CARE SERVICES TO A COVERED ENROLLEE;              3,816        

      (2)  PENALIZE A PROVIDER OR HEALTH CARE FACILITY THAT        3,818        

ASSISTS AN ENROLLEE TO SEEK A RECONSIDERATION OF THE HEALTH        3,819        

INSURING CORPORATION'S DECISION TO DENY OR LIMIT BENEFITS TO THE   3,820        

ENROLLEE.                                                          3,821        

      (E)  ANY CONTRACT BETWEEN A HEALTH INSURING CORPORATION AND  3,824        

AN INTERMEDIARY ORGANIZATION SHALL CLEARLY SPECIFY THAT THE        3,825        

HEALTH INSURING CORPORATION MUST APPROVE OR DISAPPROVE THE         3,826        

PARTICIPATION OF ANY PROVIDER OR HEALTH CARE FACILITY WITH WHICH   3,827        

THE INTERMEDIARY ORGANIZATION CONTRACTS.                           3,828        

      (F)  IF AN INTERMEDIARY ORGANIZATION THAT IS NOT A HEALTH    3,830        

DELIVERY NETWORK CONTRACTING SOLELY WITH SELF-INSURED EMPLOYERS    3,831        

SUBCONTRACTS WITH A PROVIDER OR HEALTH CARE FACILITY, THE          3,832        

SUBCONTRACT WITH THE PROVIDER OR HEALTH CARE FACILITY SHALL DO     3,833        

ALL OF THE FOLLOWING:                                                           

      (1)  CONTAIN THE PROVISIONS REQUIRED BY DIVISIONS (C) AND    3,836        

(G) OF THIS SECTION, AS MADE APPLICABLE TO AN INTERMEDIARY         3,837        

ORGANIZATION, WITHOUT THE INCLUSION OF INDUCEMENTS OR PENALTIES    3,838        

DESCRIBED IN DIVISION (D) OF THIS SECTION;                         3,839        

      (2)  ACKNOWLEDGE THAT THE HEALTH INSURING CORPORATION IS A   3,841        

THIRD-PARTY BENEFICIARY TO THE AGREEMENT;                          3,842        

      (3)  ACKNOWLEDGE THE HEALTH INSURING CORPORATION'S ROLE IN   3,844        

APPROVING THE PARTICIPATION OF THE PROVIDER OR HEALTH CARE         3,845        

FACILITY, PURSUANT TO DIVISION (E) OF THIS SECTION.                3,847        

      (G)  ANY PROVIDER CONTRACT OR CONTRACT WITH A HEALTH CARE    3,850        

FACILITY SHALL CLEARLY SPECIFY THE HEALTH INSURING CORPORATION'S   3,851        

STATUTORY RESPONSIBILITY TO MONITOR AND OVERSEE THE OFFERING OF    3,852        

COVERED HEALTH CARE SERVICES TO ITS ENROLLEES.                     3,853        

      (H)(1)  A HEALTH INSURING CORPORATION SHALL MAINTAIN ITS     3,856        

PROVIDER CONTRACTS AND ITS CONTRACTS WITH HEALTH CARE FACILITIES   3,857        

AT ONE OR MORE OF ITS PLACES OF BUSINESS IN THIS STATE, AND SHALL  3,858        

PROVIDE COPIES OF THESE CONTRACTS TO FACILITATE REGULATORY REVIEW  3,859        

UPON WRITTEN NOTICE BY THE SUPERINTENDENT OF INSURANCE.            3,860        

      (2)  ANY CONTRACT WITH AN INTERMEDIARY ORGANIZATION SHALL    3,862        

                                                          88     

                                                                 
INCLUDE PROVISIONS REQUIRING THE INTERMEDIARY ORGANIZATION TO      3,863        

PROVIDE THE SUPERINTENDENT WITH REGULATORY ACCESS TO ALL BOOKS,    3,864        

RECORDS, FINANCIAL INFORMATION, AND DOCUMENTS RELATED TO THE       3,865        

PROVISION OF HEALTH CARE SERVICES TO SUBSCRIBERS AND ENROLLEES     3,866        

UNDER THE CONTRACT.  THE CONTRACT SHALL REQUIRE THE INTERMEDIARY   3,867        

ORGANIZATION TO MAINTAIN SUCH BOOKS, RECORDS, FINANCIAL            3,868        

INFORMATION, AND DOCUMENTS AT ITS PRINCIPAL PLACE OF BUSINESS IN   3,869        

THIS STATE AND TO PRESERVE THEM FOR AT LEAST THREE YEARS IN A      3,870        

MANNER THAT FACILITATES REGULATORY REVIEW.                         3,871        

      (I)  A HEALTH INSURING CORPORATION SHALL PROVIDE NOTICE OF   3,874        

THE TERMINATION OF ANY CONTRACT WITH A PRIMARY CARE PHYSICIAN OR   3,875        

HOSPITAL.                                                                       

      (J)  DIVISIONS (A) AND (B) OF THIS SECTION DO NOT APPLY TO   3,878        

ANY HEALTH INSURING CORPORATION THAT, ON THE EFFECTIVE DATE OF     3,879        

THIS SECTION, HOLDS A CERTIFICATE OF AUTHORITY OR LICENSE TO       3,880        

OPERATE UNDER CHAPTER 1740. OF THE REVISED CODE.                   3,881        

      Sec. 1751.14.  (A)  ANY POLICY, CONTRACT, OR AGREEMENT FOR   3,884        

HEALTH CARE SERVICES AUTHORIZED BY THIS CHAPTER THAT IS ISSUED,    3,885        

DELIVERED, OR RENEWED IN THIS STATE AND THAT PROVIDES THAT         3,886        

COVERAGE OF AN UNMARRIED DEPENDENT CHILD WILL TERMINATE UPON       3,887        

ATTAINMENT OF THE LIMITING AGE FOR DEPENDENT CHILDREN SPECIFIED    3,888        

IN THE POLICY, CONTRACT, OR AGREEMENT, SHALL ALSO PROVIDE IN       3,889        

SUBSTANCE THAT ATTAINMENT OF THE LIMITING AGE SHALL NOT OPERATE    3,890        

TO TERMINATE THE COVERAGE OF THE CHILD IF THE CHILD IS AND         3,891        

CONTINUES TO BE BOTH:                                                           

      (1)  INCAPABLE OF SELF-SUSTAINING EMPLOYMENT BY REASON OF    3,893        

MENTAL RETARDATION OR PHYSICAL HANDICAP;                           3,894        

      (2)  PRIMARILY DEPENDENT UPON THE SUBSCRIBER FOR SUPPORT     3,896        

AND MAINTENANCE.                                                   3,897        

      (B)  PROOF OF INCAPACITY AND DEPENDENCE FOR PURPOSES OF      3,899        

DIVISION (A) OF THIS SECTION SHALL BE FURNISHED TO THE HEALTH      3,900        

INSURING CORPORATION WITHIN THIRTY-ONE DAYS OF THE CHILD'S         3,902        

ATTAINMENT OF THE LIMITING AGE.  UPON REQUEST, BUT NOT MORE        3,903        

FREQUENTLY THAN ANNUALLY, THE HEALTH INSURING CORPORATION MAY      3,904        

                                                          89     

                                                                 
REQUIRE PROOF SATISFACTORY TO IT OF THE CONTINUANCE OF SUCH        3,905        

INCAPACITY AND DEPENDENCY.                                                      

      (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE   3,908        

A HEALTH INSURING CORPORATION TO COVER A DEPENDENT CHILD WHO IS    3,909        

MENTALLY RETARDED OR PHYSICALLY HANDICAPPED IF THE POLICY,         3,910        

CONTRACT, OR AGREEMENT IS UNDERWRITTEN ON EVIDENCE OF              3,911        

INSURABILITY BASED ON HEALTH FACTORS SET FORTH IN THE              3,912        

APPLICATION, OR IF THE DEPENDENT CHILD DOES NOT SATISFY THE        3,913        

CONDITIONS OF THE POLICY, CONTRACT, OR AGREEMENT AS TO ANY         3,914        

REQUIREMENT FOR EVIDENCE OF INSURABILITY OR ANY OTHER PROVISION    3,915        

OF THE POLICY, CONTRACT, OR AGREEMENT, SATISFACTION OF WHICH IS    3,916        

REQUIRED FOR COVERAGE THEREUNDER TO TAKE EFFECT.  IN ANY SUCH      3,917        

CASE, THE TERMS OF THE POLICY, CONTRACT, OR AGREEMENT SHALL APPLY  3,918        

WITH REGARD TO THE COVERAGE OR EXCLUSION OF THE DEPENDENT FROM     3,919        

SUCH COVERAGE.                                                                  

      (D)  THIS SECTION DOES NOT APPLY TO ANY HEALTH INSURING      3,922        

CORPORATION, POLICY, CONTRACT, OR AGREEMENT OFFERING ONLY          3,923        

SUPPLEMENTAL HEALTH CARE SERVICES OR SPECIALTY HEALTH CARE                      

SERVICES.                                                          3,924        

      Sec. 1751.15.  (A)  AFTER A HEALTH INSURING CORPORATION HAS  3,927        

FURNISHED, DIRECTLY OR INDIRECTLY, BASIC HEALTH CARE SERVICES FOR  3,928        

A PERIOD OF TWENTY-FOUR MONTHS, AND IF IT CURRENTLY MEETS THE      3,929        

FINANCIAL REQUIREMENTS SET FORTH IN SECTION 1751.28 OF THE         3,931        

REVISED CODE AND HAD NET INCOME AS REPORTED TO THE SUPERINTENDENT  3,932        

OF INSURANCE FOR AT LEAST ONE OF THE PRECEDING FOUR CALENDAR       3,933        

QUARTERS, IT SHALL HOLD AN ANNUAL OPEN ENROLLMENT PERIOD OF NOT    3,934        

LESS THAN THIRTY DAYS DURING ITS MONTH OF LICENSURE.               3,935        

      (B)  DURING THE OPEN ENROLLMENT PERIOD DESCRIBED IN          3,937        

DIVISION (A) OF THIS SECTION, THE HEALTH INSURING CORPORATION      3,938        

SHALL ACCEPT APPLICANTS AND THEIR DEPENDENTS IN THE ORDER IN       3,939        

WHICH THEY APPLY FOR ENROLLMENT AND IN ACCORDANCE WITH ANY OF THE  3,940        

FOLLOWING:                                                                      

      (1)  UP TO ITS CAPACITY, AS DETERMINED BY THE HEALTH         3,942        

INSURING CORPORATION SUBJECT TO REVIEW BY THE SUPERINTENDENT;      3,943        

                                                          90     

                                                                 
      (2)  IF LESS THAN ITS CAPACITY, ONE PER CENT OF THE HEALTH   3,945        

INSURING CORPORATION'S TOTAL NUMBER OF SUBSCRIBERS RESIDING IN     3,946        

THIS STATE AS OF THE IMMEDIATELY PRECEDING THIRTY-FIRST DAY OF     3,948        

DECEMBER.                                                                       

      (C)  WHERE A HEALTH INSURING CORPORATION DEMONSTRATES TO     3,951        

THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH OPEN ENROLLMENT   3,952        

WOULD JEOPARDIZE ITS ECONOMIC VIABILITY, THE SUPERINTENDENT MAY    3,953        

DO ANY OF THE FOLLOWING:                                           3,954        

      (1)  WAIVE THE REQUIREMENT FOR OPEN ENROLLMENT;              3,956        

      (2)  IMPOSE A LIMIT ON THE NUMBER OF APPLICANTS AND THEIR    3,958        

DEPENDENTS THAT MUST BE ENROLLED;                                  3,959        

      (3)  AUTHORIZE SUCH UNDERWRITING RESTRICTIONS UPON OPEN      3,961        

ENROLLMENT AS ARE NECESSARY TO DO ANY OF THE FOLLOWING:            3,962        

      (a)  PRESERVE ITS FINANCIAL STABILITY;                       3,964        

      (b)  PREVENT EXCESSIVE ADVERSE SELECTION;                    3,966        

      (c)  AVOID UNREASONABLY HIGH OR UNMARKETABLE CHARGES FOR     3,968        

COVERAGE OF HEALTH CARE SERVICES.                                  3,969        

      (D)(1)  A REQUEST TO THE SUPERINTENDENT UNDER DIVISION (C)   3,972        

OF THIS SECTION FOR ANY RESTRICTION, LIMIT, OR WAIVER DURING AN                 

OPEN ENROLLMENT PERIOD MUST BE ACCOMPANIED BY SUPPORTING           3,974        

DOCUMENTATION, INCLUDING FINANCIAL DATA.  IN REVIEWING THE         3,975        

REQUEST, THE SUPERINTENDENT MAY CONSIDER VARIOUS FACTORS,          3,976        

INCLUDING THE SIZE OF THE HEALTH INSURING CORPORATION, THE HEALTH  3,977        

INSURING CORPORATION'S NET WORTH AND PROFITABILITY, THE HEALTH     3,978        

INSURING CORPORATION'S DELIVERY SYSTEM STRUCTURE, AND THE EFFECT   3,979        

ON PROFITABILITY OF PRIOR OPEN ENROLLMENTS.                        3,980        

      (2)  ANY ACTION TAKEN BY THE SUPERINTENDENT UNDER DIVISION   3,982        

(C) OF THIS SECTION SHALL BE EFFECTIVE FOR A PERIOD OF NOT MORE    3,984        

THAN ONE YEAR.  AT THE EXPIRATION OF SUCH TIME, A NEW              3,985        

DEMONSTRATION OF THE HEALTH INSURING CORPORATION'S NEED FOR THE    3,986        

RESTRICTION, LIMIT, OR WAIVER SHALL BE MADE BEFORE A NEW           3,987        

RESTRICTION, LIMIT, OR WAIVER IS GRANTED BY THE SUPERINTENDENT.    3,988        

      (3)  IRRESPECTIVE OF THE GRANTING OF ANY RESTRICTION,        3,990        

LIMIT, OR WAIVER BY THE SUPERINTENDENT, A HEALTH INSURING          3,991        

                                                          91     

                                                                 
CORPORATION MAY REJECT AN APPLICANT OR A DEPENDENT OF THE          3,992        

APPLICANT DURING ITS OPEN ENROLLMENT PERIOD IF THE APPLICANT OR    3,993        

DEPENDENT:                                                         3,994        

      (a)  WAS ELIGIBLE FOR AND WAS COVERED UNDER ANY              3,997        

EMPLOYER-SPONSORED HEALTH CARE COVERAGE, OR IF EMPLOYER-SPONSORED  3,998        

HEALTH CARE COVERAGE WAS AVAILABLE AT THE TIME OF OPEN             3,999        

ENROLLMENT;                                                                     

      (b)  IS ELIGIBLE FOR CONVERSION OR CONTINUATION COVERAGE     4,002        

UNDER STATE OR FEDERAL LAW;                                        4,003        

      (c)  IS ELIGIBLE FOR MEDICARE, AND THE HEALTH INSURING       4,006        

CORPORATION DOES NOT HAVE AN AGREEMENT ON APPROPRIATE PAYMENT      4,007        

MECHANISMS WITH THE GOVERNMENTAL AGENCY ADMINISTERING THE          4,008        

MEDICARE PROGRAM.                                                               

      (E)  A HEALTH INSURING CORPORATION SHALL NOT BE REQUIRED     4,011        

EITHER TO ENROLL APPLICANTS OR THEIR DEPENDENTS WHO ARE CONFINED   4,012        

TO A HEALTH CARE FACILITY BECAUSE OF CHRONIC ILLNESS, PERMANENT    4,013        

INJURY, OR OTHER INFIRMITY THAT WOULD CAUSE ECONOMIC IMPAIRMENT    4,014        

TO THE HEALTH INSURING CORPORATION IF SUCH APPLICANTS OR THEIR     4,015        

DEPENDENTS WERE ENROLLED OR TO MAKE THE EFFECTIVE DATE OF          4,016        

BENEFITS FOR APPLICANTS OR THEIR DEPENDENTS ENROLLED UNDER THIS    4,017        

SECTION EARLIER THAN NINETY DAYS AFTER THE DATE OF ENROLLMENT.     4,018        

      (F)  A HEALTH INSURING CORPORATION SHALL NOT BE REQUIRED TO  4,021        

COVER THE FEES OR COSTS, OR BOTH, FOR ANY BASIC HEALTH CARE        4,022        

SERVICE RELATED TO A TRANSPLANT OF A BODY ORGAN IF THE TRANSPLANT  4,023        

OCCURS WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF AN ENROLLEE'S   4,024        

COVERAGE UNDER THIS SECTION.  THIS LIMITATION ON COVERAGE DOES     4,025        

NOT APPLY TO A NEWLY BORN CHILD WHO MEETS THE REQUIREMENTS FOR     4,026        

COVERAGE UNDER SECTION 1751.61 OF THE REVISED CODE.                4,028        

      (G)  EACH HEALTH INSURING CORPORATION REQUIRED TO HOLD AN    4,031        

OPEN ENROLLMENT PURSUANT TO DIVISION (A) OF THIS SECTION SHALL     4,033        

FILE WITH THE SUPERINTENDENT, NOT LATER THAN SIXTY DAYS PRIOR TO   4,034        

THE COMMENCEMENT OF THE PROPOSED OPEN ENROLLMENT PERIOD, THE       4,035        

FOLLOWING DOCUMENTS:                                                            

      (1)  THE PROPOSED PUBLIC NOTICE OF OPEN ENROLLMENT;          4,037        

                                                          92     

                                                                 
      (2)  THE EVIDENCE OF COVERAGE APPROVED PURSUANT TO SECTION   4,039        

1751.11 OF THE REVISED CODE THAT WILL BE USED DURING OPEN          4,042        

ENROLLMENT;                                                                     

      (3)  THE CONTRACTUAL PERIODIC PREPAYMENT AND PREMIUM RATE    4,044        

APPROVED PURSUANT TO SECTION 1751.12 OF THE REVISED CODE THAT      4,047        

WILL BE APPLICABLE DURING OPEN ENROLLMENT;                         4,048        

      (4)  ANY SOLICITATION DOCUMENT APPROVED PURSUANT TO SECTION  4,051        

1751.31 OF THE REVISED CODE TO BE SENT TO APPLICANTS, INCLUDING    4,053        

THE APPLICATION FORM THAT WILL BE USED DURING OPEN ENROLLMENT;     4,054        

      (5)  A LIST OF THE PROPOSED DATES OF PUBLICATION OF THE      4,056        

PUBLIC NOTICE, AND THE NAMES OF THE NEWSPAPERS IN WHICH THE        4,057        

NOTICE WILL APPEAR;                                                4,058        

      (6)  ANY REQUEST FOR A RESTRICTION, LIMIT, OR WAIVER WITH    4,060        

RESPECT TO THE OPEN ENROLLMENT PERIOD, ALONG WITH ANY SUPPORTING   4,061        

DOCUMENTATION.                                                     4,062        

      (H)(1)  AN OPEN ENROLLMENT PERIOD SHALL NOT SATISFY THE      4,065        

REQUIREMENTS OF THIS SECTION UNLESS THE HEALTH INSURING            4,066        

CORPORATION PROVIDES ADEQUATE PUBLIC NOTICE IN ACCORDANCE WITH     4,067        

DIVISIONS (H)(2) AND (3) OF THIS SECTION.  NO PUBLIC NOTICE SHALL  4,069        

BE USED UNTIL THE FORM OF THE PUBLIC NOTICE HAS BEEN FILED BY THE  4,070        

HEALTH INSURING CORPORATION WITH THE SUPERINTENDENT.  IF THE       4,071        

SUPERINTENDENT DOES NOT DISAPPROVE THE PUBLIC NOTICE WITHIN SIXTY  4,072        

DAYS AFTER IT IS FILED, IT SHALL BE DEEMED APPROVED, UNLESS THE    4,073        

SUPERINTENDENT SOONER GIVES APPROVAL FOR THE PUBLIC NOTICE.  IF    4,074        

THE SUPERINTENDENT DETERMINES WITHIN THIS SIXTY-DAY PERIOD THAT    4,075        

THE PUBLIC NOTICE FAILS TO MEET THE REQUIREMENTS OF THIS SECTION,  4,076        

THE SUPERINTENDENT SHALL SO NOTIFY THE HEALTH INSURING             4,077        

CORPORATION AND IT SHALL BE UNLAWFUL FOR THE HEALTH INSURING       4,078        

CORPORATION TO USE THE PUBLIC NOTICE.  SUCH DISAPPROVAL SHALL BE   4,079        

EFFECTED BY A WRITTEN ORDER, WHICH SHALL STATE THE GROUNDS FOR     4,080        

DISAPPROVAL AND SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 119.    4,082        

OF THE REVISED CODE.                                               4,084        

      (2)  A PUBLIC NOTICE PURSUANT TO DIVISION (H)(1) OF THIS     4,087        

SECTION SHALL BE PUBLISHED IN AT LEAST ONE NEWSPAPER OF GENERAL    4,088        

                                                          93     

                                                                 
CIRCULATION IN EACH COUNTY IN THE HEALTH INSURING CORPORATION'S    4,089        

SERVICE AREA, AT LEAST ONCE IN EACH OF THE TWO WEEKS IMMEDIATELY   4,090        

PRECEDING THE MONTH IN WHICH THE OPEN ENROLLMENT IS TO OCCUR AND   4,091        

IN EACH WEEK OF THAT MONTH, OR UNTIL THE ENROLLMENT LIMITATION IS  4,092        

REACHED, WHICHEVER OCCURS FIRST.  THE NOTICE PUBLISHED DURING THE  4,093        

LAST WEEK OF OPEN ENROLLMENT SHALL APPEAR NOT LESS THAN FIVE DAYS  4,094        

BEFORE THE END OF THE OPEN ENROLLMENT PERIOD.  IT SHALL BE AT      4,095        

LEAST TWO NEWSPAPER COLUMNS WIDE OR TWO AND ONE-HALF INCHES WIDE,  4,097        

WHICHEVER IS LARGER.  THE FIRST TWO LINES OF THE TEXT SHALL BE     4,098        

PUBLISHED IN NOT LESS THAN TWELVE-POINT, BOLDFACE TYPE.  THE       4,099        

REMAINDER OF THE TEXT OF THE NOTICE SHALL BE PUBLISHED IN NOT      4,100        

LESS THAN EIGHT-POINT TYPE.  THE ENTIRE PUBLIC NOTICE SHALL BE     4,101        

SURROUNDED BY A CONTINUOUS BLACK LINE NOT LESS THAN ONE-EIGHTH OF  4,102        

AN INCH WIDE.                                                                   

      (3)  THE FOLLOWING INFORMATION SHALL BE INCLUDED IN THE      4,104        

PUBLIC NOTICE PROVIDED UNDER DIVISION (H)(2) OF THIS SECTION:      4,106        

      (a)  THE DATES THAT OPEN ENROLLMENT WILL BE HELD AND THE     4,109        

DATE COVERAGE OBTAINED UNDER THE OPEN ENROLLMENT WILL BECOME       4,110        

EFFECTIVE;                                                                      

      (b)  NOTICE THAT AN APPLICANT OR THE APPLICANT'S DEPENDENTS  4,113        

WILL NOT BE DENIED COVERAGE DURING OPEN ENROLLMENT BECAUSE OF A    4,114        

PREEXISTING HEALTH CONDITION, BUT THAT SOME LIMITATIONS AND        4,115        

RESTRICTIONS MAY APPLY;                                            4,116        

      (c)  THE ADDRESS WHERE A PERSON MAY OBTAIN AN APPLICATION;   4,119        

      (d)  THE TELEPHONE NUMBER THAT A PERSON MAY CALL TO REQUEST  4,122        

AN APPLICATION OR TO ASK QUESTIONS;                                4,123        

      (e)  THE DATE THE FIRST PAYMENT WILL BE DUE;                 4,126        

      (f)  THE ACTUAL RATES OR RANGE OF RATES THAT WILL BE         4,129        

APPLICABLE FOR APPLICANTS;                                                      

      (g)  ANY LIMITATION GRANTED BY THE SUPERINTENDENT ON THE     4,132        

NUMBER OF APPLICATIONS THAT WILL BE ACCEPTED BY THE HEALTH         4,133        

INSURING CORPORATION.                                                           

      (4)  WITHIN THIRTY DAYS AFTER THE END OF AN OPEN ENROLLMENT  4,136        

PERIOD, THE HEALTH INSURING CORPORATION SHALL SUBMIT TO THE        4,137        

                                                          94     

                                                                 
SUPERINTENDENT PROOF OF PUBLICATION FOR THE PUBLIC NOTICES, AND    4,138        

SHALL REPORT THE TOTAL NUMBER OF APPLICANTS AND THEIR DEPENDENTS   4,139        

ENROLLED DURING THE OPEN ENROLLMENT PERIOD.                        4,140        

      (I)(1)  NO HEALTH INSURING CORPORATION MAY EMPLOY ANY        4,143        

SCHEME, PLAN, OR DEVICE THAT RESTRICTS THE ABILITY OF ANY PERSON   4,144        

TO ENROLL DURING OPEN ENROLLMENT.                                  4,145        

      (2)  NO HEALTH INSURING CORPORATION MAY REQUIRE ENROLLMENT   4,147        

TO BE MADE IN PERSON.  EVERY HEALTH INSURING CORPORATION SHALL     4,148        

PERMIT APPLICATION FOR COVERAGE BY MAIL.  A REPRESENTATIVE OF THE  4,150        

HEALTH INSURING CORPORATION MAY VISIT AN APPLICANT WHO HAS                      

SUBMITTED AN APPLICATION BY MAIL, IN ORDER TO EXPLAIN THE          4,151        

OPERATIONS OF THE HEALTH INSURING CORPORATION AND TO ANSWER ANY    4,152        

QUESTIONS THE APPLICANT MAY HAVE.  EVERY HEALTH INSURING           4,153        

CORPORATION SHALL MAKE OPEN ENROLLMENT APPLICATIONS AND            4,154        

SOLICITATION DOCUMENTS READILY AVAILABLE TO ANY POTENTIAL          4,155        

APPLICANT WHO REQUESTS SUCH MATERIAL.                              4,156        

      (J)  AN APPLICATION POSTMARKED ON THE LAST DAY OF AN OPEN    4,159        

ENROLLMENT PERIOD SHALL QUALIFY AS A VALID APPLICATION,            4,160        

REGARDLESS OF THE DATE ON WHICH IT IS RECEIVED BY THE HEALTH       4,161        

INSURING CORPORATION.                                                           

      (K)  THIS SECTION DOES NOT APPLY TO ANY HEALTH INSURING      4,163        

CORPORATION THAT OFFERS ONLY SUPPLEMENTAL HEALTH CARE SERVICES OR  4,165        

SPECIALTY HEALTH CARE SERVICES, OR TO ANY HEALTH INSURING                       

CORPORATION THAT OFFERS PLANS ONLY THROUGH TITLE XVIII OR TITLE    4,168        

XIX OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42          4,170        

U.S.C.A. 301, AS AMENDED, AND THAT HAS NO OTHER COMMERCIAL         4,171        

ENROLLMENT, OR TO ANY HEALTH INSURING CORPORATION THAT OFFERS      4,172        

PLANS ONLY THROUGH OTHER FEDERAL HEALTH CARE PROGRAMS REGULATED    4,173        

BY FEDERAL REGULATORY BODIES AND THAT HAS NO OTHER COMMERCIAL      4,174        

ENROLLMENT.                                                                     

      Sec. 1751.16.  (A)  EXCEPT AS PROVIDED IN DIVISION (F) OF    4,177        

THIS SECTION, EVERY GROUP CONTRACT ISSUED BY A HEALTH INSURING     4,178        

CORPORATION SHALL PROVIDE AN OPTION FOR CONVERSION TO AN           4,179        

INDIVIDUAL CONTRACT ISSUED ON A DIRECT-PAYMENT BASIS TO ANY        4,180        

                                                          95     

                                                                 
SUBSCRIBER COVERED BY THE GROUP CONTRACT WHO TERMINATES            4,181        

EMPLOYMENT OR MEMBERSHIP IN THE GROUP, UNLESS:                     4,182        

      (1)  TERMINATION OF THE CONVERSION OPTION OR CONTRACT IS     4,184        

BASED UPON NONPAYMENT OF PREMIUM AFTER REASONABLE NOTICE IN        4,185        

WRITING HAS BEEN GIVEN BY THE HEALTH INSURING CORPORATION TO THE   4,186        

SUBSCRIBER.                                                        4,187        

      (2)  THE SUBSCRIBER IS, OR IS ELIGIBLE TO BE, COVERED FOR    4,189        

BENEFITS AT LEAST COMPARABLE TO THE GROUP CONTRACT UNDER ANY OF    4,190        

THE FOLLOWING:                                                     4,191        

      (a)  TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620  4,194        

(1935), 42 U.S.C.A. 301, AS AMENDED;                               4,195        

      (b)  ANY ACT OF CONGRESS OR LAW UNDER THIS OR ANY OTHER      4,198        

STATE OF THE UNITED STATES PROVIDING COVERAGE AT LEAST COMPARABLE  4,200        

TO THE BENEFITS UNDER DIVISION (A)(2)(a) OF THIS SECTION;          4,201        

      (c)  ANY POLICY OF INSURANCE OR HEALTH CARE PLAN PROVIDING   4,204        

COVERAGE AT LEAST COMPARABLE TO THE BENEFITS UNDER DIVISION        4,205        

(A)(2)(a) OF THIS SECTION.                                         4,206        

      (B)  THE DIRECT-PAYMENT CONTRACT OFFERED BY THE HEALTH       4,209        

INSURING CORPORATION PURSUANT TO DIVISION (A) OF THIS SECTION      4,210        

SHALL PROVIDE BENEFITS COMPARABLE TO THE BENEFITS BEING PROVIDED   4,211        

BY ANY OF THE INDIVIDUAL CONTRACTS THEN BEING ISSUED TO            4,212        

INDIVIDUAL SUBSCRIBERS BY THE HEALTH INSURING CORPORATION.  THE    4,213        

CONTRACT MAY CONTAIN A COORDINATION OF BENEFITS PROVISION AS       4,214        

APPROVED BY THE SUPERINTENDENT OF INSURANCE.                       4,215        

      (C)  THE OPTION FOR CONVERSION SHALL BE AVAILABLE:           4,218        

      (1)  UPON THE DEATH OF THE SUBSCRIBER, TO THE SURVIVING      4,220        

SPOUSE WITH RESPECT TO THE SPOUSE OR DEPENDENTS WHO WERE THEN      4,221        

COVERED BY THE GROUP CONTRACT;                                     4,222        

      (2)  TO A CHILD SOLELY WITH RESPECT TO THE CHILD UPON THE    4,224        

CHILD'S ATTAINING THE LIMITING AGE OF COVERAGE UNDER THE GROUP     4,225        

CONTRACT WHILE COVERED AS A DEPENDENT UNDER THE CONTRACT;          4,226        

      (3)  UPON THE DIVORCE, DISSOLUTION, OR ANNULMENT OF THE      4,228        

MARRIAGE OF THE SUBSCRIBER, TO THE DIVORCED SPOUSE, OR, IN THE     4,229        

EVENT OF ANNULMENT, TO THE FORMER SPOUSE OF THE SUBSCRIBER.        4,231        

                                                          96     

                                                                 
      (D)  NO HEALTH INSURING CORPORATION SHALL DO ANY OF THE      4,234        

FOLLOWING:                                                                      

      (1)  USE AGE AS THE BASIS FOR REFUSING TO RENEW A CONVERTED  4,237        

CONTRACT;                                                                       

      (2)  REQUIRE A SUBSCRIBER TO PRODUCE EVIDENCE OF             4,239        

INSURABILITY IN ORDER TO EXERCISE THE OPTION FOR CONVERSION        4,240        

PROVIDED BY THIS SECTION;                                          4,241        

      (3)  INCLUDE PREEXISTING CONDITION LIMITATIONS IN A          4,243        

CONVERTED CONTRACT.                                                4,244        

      (E)  WRITTEN NOTICE OF THE CONVERSION OPTION PROVIDED BY     4,247        

THIS SECTION SHALL BE GIVEN TO THE SUBSCRIBER BY THE HEALTH        4,248        

INSURING CORPORATION BY MAIL.  THE NOTICE SHALL BE SENT TO THE     4,249        

SUBSCRIBER'S ADDRESS IN THE RECORDS OF THE EMPLOYER UPON RECEIPT   4,250        

OF NOTICE FROM THE EMPLOYER OF THE EVENT GIVING RISE TO THE        4,251        

CONVERSION OPTION.  IF THE SUBSCRIBER HAS NOT RECEIVED NOTICE OF   4,252        

THE CONVERSION PRIVILEGE AT LEAST FIFTEEN DAYS PRIOR TO THE        4,253        

EXPIRATION OF THE THIRTY-DAY CONVERSION PERIOD, THEN THE           4,254        

SUBSCRIBER SHALL HAVE AN ADDITIONAL PERIOD WITHIN WHICH TO         4,255        

EXERCISE THE PRIVILEGE.  THIS ADDITIONAL PERIOD SHALL EXPIRE       4,256        

FIFTEEN DAYS AFTER THE SUBSCRIBER RECEIVES NOTICE, BUT IN NO       4,257        

EVENT SHALL THE PERIOD EXTEND BEYOND SIXTY DAYS AFTER THE          4,258        

EXPIRATION OF THE THIRTY-DAY CONVERSION PERIOD.                    4,259        

      (F)  THIS SECTION DOES NOT APPLY TO ANY GROUP CONTRACT       4,262        

OFFERING ONLY SUPPLEMENTAL HEALTH CARE SERVICES OR SPECIALTY       4,263        

HEALTH CARE SERVICES.                                                           

      Sec. 1751.17.  (A)  AS USED IN THIS SECTION, "NONGROUP       4,266        

CONTRACT" MEANS A CONTRACT ISSUED BY A HEALTH INSURING             4,267        

CORPORATION TO AN INDIVIDUAL WHO MAKES DIRECT APPLICATION FOR      4,268        

COVERAGE UNDER THE CONTRACT AND WHO, IF REQUIRED BY THE HEALTH     4,269        

INSURING CORPORATION, SUBMITS TO MEDICAL UNDERWRITING.  "NONGROUP  4,270        

CONTRACT" DOES NOT INCLUDE GROUP CONVERSION COVERAGE, COVERAGE     4,271        

OBTAINED THROUGH OPEN ENROLLMENT, OR COVERAGE ISSUED ON THE BASIS  4,272        

OF MEMBERSHIP IN A GROUP.                                          4,273        

      (B)  EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,     4,277        

                                                          97     

                                                                 
EVERY NONGROUP CONTRACT THAT IS ISSUED BY A HEALTH INSURING        4,278        

CORPORATION AND THAT MAKES AVAILABLE BASIC HEALTH CARE SERVICES    4,279        

SHALL PROVIDE AN OPTION FOR CONVERSION TO A CONTRACT ISSUED ON A   4,280        

DIRECT-PAYMENT BASIS TO AN ENROLLEE COVERED BY THE NONGROUP        4,281        

CONTRACT.  THE OPTION FOR CONVERSION SHALL BE AVAILABLE:           4,282        

      (1)  UPON THE DEATH OF THE SUBSCRIBER, TO THE SURVIVING      4,284        

SPOUSE WITH RESPECT TO THE SPOUSE OR DEPENDENTS WHO WERE THEN      4,285        

COVERED BY THE NONGROUP CONTRACT;                                  4,286        

      (2)  UPON THE DIVORCE, DISSOLUTION, OR ANNULMENT OF THE      4,288        

MARRIAGE OF THE SUBSCRIBER, TO THE DIVORCED SPOUSE, OR, IN THE     4,289        

EVENT OF ANNULMENT, TO THE FORMER SPOUSE OF THE SUBSCRIBER;        4,291        

      (3)  TO A CHILD SOLELY WITH RESPECT TO THE CHILD, UPON THE   4,293        

CHILD'S ATTAINING THE LIMITING AGE OF COVERAGE UNDER THE NONGROUP  4,295        

CONTRACT WHILE COVERED AS A DEPENDENT UNDER THE CONTRACT.          4,296        

      (C)  THE DIRECT PAYMENT CONTRACT OFFERED PURSUANT TO         4,299        

DIVISION (B) OF THIS SECTION SHALL NOT BE MADE AVAILABLE TO AN     4,301        

ENROLLEE IF ANY OF THE FOLLOWING APPLIES:                          4,302        

      (1)  THE ENROLLEE IS, OR IS ELIGIBLE TO BE, COVERED FOR      4,304        

BENEFITS AT LEAST COMPARABLE TO THE NONGROUP CONTRACT UNDER ANY    4,305        

OF THE FOLLOWING:                                                  4,306        

      (a)  THE MEDICAL ASSISTANCE PROGRAM UNDER CHAPTER 5111. OF   4,309        

THE REVISED CODE;                                                               

      (b)  TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620  4,312        

(1935), 42 U.S.C.A. 301, AS AMENDED;                               4,313        

      (c)  ANY ACT OF CONGRESS OR LAW UNDER THIS OR ANY OTHER      4,315        

STATE OF THE UNITED STATES PROVIDING COVERAGE AT LEAST COMPARABLE  4,317        

TO THE BENEFITS OFFERED UNDER DIVISION (C)(1)(a) OR (b) OF THIS    4,318        

SECTION.                                                                        

      (2)  THE NONGROUP CONTRACT UNDER WHICH THE ENROLLEE WAS      4,320        

COVERED WAS TERMINATED DUE TO NONPAYMENT OF A PREMIUM RATE.        4,321        

      (3)  THE ENROLLEE IS ELIGIBLE FOR GROUP COVERAGE PROVIDED    4,323        

BY, OR AVAILABLE THROUGH, AN EMPLOYER OR ASSOCIATION AND THE       4,324        

GROUP COVERAGE PROVIDES BENEFITS COMPARABLE TO THE BENEFITS        4,325        

PROVIDED UNDER A DIRECT PAYMENT CONTRACT.                          4,326        

                                                          98     

                                                                 
      (D)  THE DIRECT PAYMENT CONTRACT OFFERED PURSUANT TO         4,328        

DIVISION (B) OF THIS SECTION SHALL PROVIDE BENEFITS THAT ARE AT    4,329        

LEAST COMPARABLE TO THE BENEFITS PROVIDED BY THE NONGROUP          4,331        

CONTRACT UNDER WHICH THE ENROLLEE WAS COVERED AT THE TIME OF THE   4,332        

OCCURRENCE OF ANY OF THE EVENTS SET FORTH IN DIVISION (B) OF THIS  4,333        

SECTION.  THE COVERAGE PROVIDED UNDER THE DIRECT PAYMENT CONTRACT  4,335        

SHALL BE CONTINUOUS, PROVIDED THAT THE ENROLLEE MAKES THE          4,336        

REQUIRED PREMIUM RATE PAYMENT WITHIN THE THIRTY-DAY PERIOD         4,337        

IMMEDIATELY FOLLOWING THE OCCURRENCE OF THE EVENT, AND MAY BE      4,338        

TERMINATED FOR NONPAYMENT OF ANY REQUIRED PREMIUM RATE PAYMENT.    4,339        

      (E)  THE EVIDENCE OF COVERAGE OF EVERY NONGROUP CONTRACT     4,342        

SHALL CONTAIN NOTICE THAT AN OPTION FOR CONVERSION TO A CONTRACT   4,343        

ISSUED ON A DIRECT-PAYMENT BASIS IS AVAILABLE, IN ACCORDANCE WITH  4,344        

THIS SECTION, TO ANY ENROLLEE COVERED BY THE CONTRACT.             4,345        

      (F)  BENEFITS OTHERWISE PAYABLE TO AN ENROLLEE UNDER A       4,348        

DIRECT PAYMENT CONTRACT SHALL BE REDUCED BY THE AMOUNT OF ANY      4,349        

BENEFITS AVAILABLE TO THE ENROLLEE UNDER ANY APPLICABLE GROUP      4,350        

HEALTH INSURING CORPORATION CONTRACT OR GROUP SICKNESS AND         4,351        

ACCIDENT INSURANCE POLICY.                                                      

      (G)  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS           4,354        

REQUIRING A HEALTH INSURING CORPORATION TO OFFER NONGROUP          4,355        

CONTRACTS.                                                                      

      (H)  THIS SECTION DOES NOT APPLY TO ANY NONGROUP CONTRACT    4,358        

OFFERING ONLY SUPPLEMENTAL HEALTH CARE SERVICES OR SPECIALTY       4,359        

HEALTH CARE SERVICES.                                              4,360        

      Sec. 1751.18.  (A)(1)  NO HEALTH INSURING CORPORATION SHALL  4,363        

CANCEL OR FAIL TO RENEW THE COVERAGE OF A SUBSCRIBER OR ENROLLEE   4,364        

BECAUSE OF THE SUBSCRIBER'S OR ENROLLEE'S HEALTH STATUS OR         4,365        

REQUIREMENT FOR HEALTH CARE SERVICES, OR FOR ANY OTHER REASON      4,366        

DESIGNATED UNDER RULES ADOPTED BY THE SUPERINTENDENT OF                         

INSURANCE.                                                         4,367        

      (2)  UNLESS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW, NO   4,369        

HEALTH INSURING CORPORATION, OR HEALTH CARE FACILITY OR PROVIDER   4,370        

THROUGH WHICH THE HEALTH INSURING CORPORATION HAS MADE             4,371        

                                                          99     

                                                                 
ARRANGEMENTS TO PROVIDE HEALTH CARE SERVICES, SHALL DISCRIMINATE   4,372        

AGAINST ANY INDIVIDUAL WITH REGARD TO ENROLLMENT, DISENROLLMENT,   4,373        

OR THE QUALITY OF HEALTH CARE SERVICES RENDERED, ON THE BASIS OF   4,374        

THE INDIVIDUAL'S RACE, COLOR, SEX, AGE, RELIGION, STATE OF         4,375        

HEALTH, OR STATUS AS A RECIPIENT OF MEDICARE OR MEDICAL            4,376        

ASSISTANCE UNDER TITLE XVIII OR XIX OF THE "SOCIAL SECURITY ACT,"  4,378        

49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED.  HOWEVER, A      4,381        

HEALTH INSURING CORPORATION SHALL NOT BE REQUIRED TO ACCEPT A      4,382        

RECIPIENT OF MEDICARE OR MEDICAL ASSISTANCE, IF AN AGREEMENT HAS   4,383        

NOT BEEN REACHED ON APPROPRIATE PAYMENT MECHANISMS BETWEEN THE     4,384        

HEALTH INSURING CORPORATION AND THE GOVERNMENTAL AGENCY            4,385        

ADMINISTERING THESE PROGRAMS.  FURTHER, EXCEPT DURING A PERIOD OF  4,386        

OPEN ENROLLMENT UNDER SECTION 1751.15 OF THE REVISED CODE, A       4,388        

HEALTH INSURING CORPORATION MAY REJECT AN APPLICANT FOR NONGROUP   4,389        

ENROLLMENT ON THE BASIS OF THE STATE OF HEALTH OF THE APPLICANT.   4,390        

      (B)  A HEALTH INSURING CORPORATION MAY CANCEL OR DECIDE NOT  4,393        

TO RENEW THE COVERAGE OF A SUBSCRIBER OR ENROLLEE FOR ANY OF THE   4,394        

FOLLOWING REASONS:                                                              

      (1)  FAILURE OF THE SUBSCRIBER OR ENROLLEE TO PAY, OR TO     4,396        

HAVE PAID ON THE SUBSCRIBER'S OR ENROLLEE'S BEHALF, THE REQUIRED   4,397        

PREMIUM RATE OR OTHER CHARGE;                                      4,398        

      (2)  FRAUD OR FORGERY;                                       4,400        

      (3)  ANY MATERIAL MISREPRESENTATION ON THE APPLICATION FOR   4,402        

COVERAGE;                                                          4,403        

      (4)  THE SUBSCRIBER'S OR ENROLLEE'S PERMITTING THE USE OF    4,405        

AN IDENTIFICATION CARD OR SIMILAR DOCUMENTS BY ANOTHER PERSON,     4,406        

ALLOWING THAT PERSON TO RECEIVE SERVICES FOR WHICH THAT PERSON IS  4,408        

NOT ENTITLED;                                                                   

      (5)  THE SUBSCRIBER'S OR ENROLLEE'S INABILITY TO ESTABLISH   4,410        

OR MAINTAIN A PROVIDER-PATIENT RELATIONSHIP WITH ANY PROVIDER      4,411        

ASSOCIATED WITH THE HEALTH INSURING CORPORATION, WHICH INABILITY   4,412        

MAY INCLUDE THE SUBSCRIBER'S OR ENROLLEE'S DISRUPTIVE OR ABUSIVE   4,413        

BEHAVIOR TOWARD PROVIDERS OR THE STAFF OF THE HEALTH CARE PLAN.    4,415        

      (C)  A SUBSCRIBER OR ENROLLEE MAY APPEAL ANY ACTION OR       4,418        

                                                          100    

                                                                 
DECISION OF THE HEALTH INSURING CORPORATION UNDER DIVISION (B) OF  4,420        

THIS SECTION.  TO APPEAL, THE SUBSCRIBER OR ENROLLEE MAY SUBMIT A  4,421        

WRITTEN COMPLAINT TO THE HEALTH INSURING CORPORATION PURSUANT TO   4,422        

SECTION 1751.19 OF THE REVISED CODE.  THE SUBSCRIBER OR ENROLLEE   4,423        

MAY, WITHIN THIRTY DAYS AFTER RECEIVING A WRITTEN RESPONSE FROM    4,424        

THE HEALTH INSURING CORPORATION, APPEAL THE HEALTH INSURING        4,425        

CORPORATION'S ACTION OR DECISION TO THE SUPERINTENDENT.            4,426        

      Sec. 1751.19.  (A)  A HEALTH INSURING CORPORATION SHALL      4,429        

ESTABLISH AND MAINTAIN A COMPLAINT SYSTEM THAT HAS BEEN APPROVED   4,430        

BY THE SUPERINTENDENT OF INSURANCE TO PROVIDE ADEQUATE AND         4,431        

REASONABLE PROCEDURES FOR THE EXPEDITIOUS RESOLUTION OF WRITTEN    4,432        

COMPLAINTS INITIATED BY SUBSCRIBERS OR ENROLLEES CONCERNING ANY    4,433        

MATTER RELATING TO SERVICES PROVIDED, DIRECTLY OR INDIRECTLY, BY   4,434        

THE HEALTH INSURING CORPORATION, INCLUDING, BUT NOT LIMITED TO,    4,435        

CLAIMS REGARDING THE SCOPE OF COVERAGE FOR HEALTH CARE SERVICES,   4,436        

AND DENIALS, CANCELLATIONS, OR NONRENEWALS OF COVERAGE.            4,437        

      (B)  A HEALTH INSURING CORPORATION SHALL PROVIDE A TIMELY    4,440        

WRITTEN RESPONSE TO EACH WRITTEN COMPLAINT IT RECEIVES.            4,441        

RESPONSES TO WRITTEN COMPLAINTS RELATING TO QUALITY OR             4,442        

APPROPRIATENESS OF CARE SHALL SET FORTH A STATEMENT INFORMING THE  4,443        

COMPLAINANT IN DETAIL OF ANY RIGHTS THE COMPLAINANT MAY HAVE TO    4,444        

SUBMIT SUCH COMPLAINT TO ANY  PROFESSIONAL PEER REVIEW             4,445        

ORGANIZATION OR HEALTH INSURING CORPORATION PEER REVIEW COMMITTEE  4,446        

THAT HAS BEEN SET UP TO MONITOR THE QUALITY OR APPROPRIATENESS OF  4,447        

PROVIDER SERVICES RENDERED.  SUCH STATEMENT SHALL SET FORTH THE    4,448        

NAME OF THE PEER REVIEW ORGANIZATION OR HEALTH INSURING            4,449        

CORPORATION PEER REVIEW COMMITTEE, ITS ADDRESS, TELEPHONE NUMBER,  4,450        

AND ANY OTHER PERTINENT DATA THAT WILL ENABLE THE COMPLAINANT TO   4,451        

SEEK FURTHER INDEPENDENT REVIEW OF THE COMPLAINT.  SUCH APPEAL     4,452        

SHALL NOT BE MADE TO THE PEER REVIEW CORPORATION OR HEALTH         4,453        

INSURING CORPORATION PEER REVIEW COMMITTEE UNTIL THE COMPLAINT     4,454        

SYSTEM OF THE HEALTH INSURING CORPORATION HAS BEEN EXHAUSTED.      4,455        

      (C)  COPIES OF COMPLAINTS AND RESPONSES, INCLUDING MEDICAL   4,458        

RECORDS RELATED TO THOSE COMPLAINTS, SHALL BE AVAILABLE TO THE     4,459        

                                                          101    

                                                                 
SUPERINTENDENT AND THE DIRECTOR OF HEALTH FOR INSPECTION FOR       4,460        

THREE YEARS.  ANY DOCUMENT OR INFORMATION PROVIDED TO THE          4,461        

SUPERINTENDENT PURSUANT TO THIS DIVISION THAT CONTAINS A MEDICAL   4,462        

RECORD IS CONFIDENTIAL, AND IS NOT A PUBLIC RECORD SUBJECT TO      4,463        

SECTION 149.43 OF THE REVISED CODE.                                             

      (D)  A HEALTH INSURING CORPORATION SHALL ESTABLISH AND       4,466        

MAINTAIN A PROCEDURE TO ACCEPT COMPLAINTS OVER THE TELEPHONE OR    4,467        

IN PERSON.  THESE COMPLAINTS ARE NOT SUBJECT TO THE REPORTING      4,468        

REQUIREMENT UNDER DIVISION (C) OF SECTION 1751.32 OF THE REVISED   4,470        

CODE.                                                                           

      Sec. 1751.20.  (A)  NO HEALTH INSURING CORPORATION, OR       4,473        

AGENT, EMPLOYEE, OR REPRESENTATIVE OF A HEALTH INSURING            4,474        

CORPORATION, SHALL USE ANY ADVERTISEMENT OR SOLICITATION           4,475        

DOCUMENT, OR SHALL ENGAGE IN ANY ACTIVITY, THAT IS UNFAIR,         4,476        

UNTRUE, MISLEADING, OR DECEPTIVE.                                               

      (B)  NO HEALTH INSURING CORPORATION SHALL USE A NAME THAT    4,479        

IS DECEPTIVELY SIMILAR TO THE NAME OR DESCRIPTION OF ANY           4,480        

INSURANCE OR SURETY CORPORATION DOING BUSINESS IN THIS STATE.      4,481        

      (C)  ALL SOLICITATION DOCUMENTS, ADVERTISEMENTS, EVIDENCES   4,484        

OF COVERAGE, AND ENROLLEE IDENTIFICATION CARDS USED BY A HEALTH    4,485        

INSURING CORPORATION SHALL CONTAIN THE HEALTH INSURING             4,486        

CORPORATION'S NAME.  THE USE OF A TRADE NAME, AN INSURANCE GROUP   4,487        

DESIGNATION, THE NAME OF A PARENT COMPANY, THE NAME OF A DIVISION  4,488        

OF AN AFFILIATED INSURANCE COMPANY, A SERVICE MARK, A SLOGAN, A    4,489        

SYMBOL, OR OTHER DEVICE, WITHOUT THE NAME OF THE HEALTH INSURING   4,490        

CORPORATION AS STATED IN ITS ARTICLES OF INCORPORATION, SHALL NOT  4,491        

SATISFY THIS REQUIREMENT IF THE USAGE WOULD HAVE THE CAPACITY AND  4,492        

TENDENCY TO MISLEAD OR DECEIVE PERSONS AS TO THE TRUE IDENTITY OF  4,493        

THE HEALTH INSURING CORPORATION.                                   4,494        

      (D)  NO SOLICITATION DOCUMENT OR ADVERTISEMENT USED BY A     4,497        

HEALTH INSURING CORPORATION SHALL CONTAIN ANY WORDS, SYMBOLS, OR   4,498        

PHYSICAL MATERIALS THAT ARE SO SIMILAR IN CONTENT, PHRASEOLOGY,    4,499        

SHAPE, COLOR, OR OTHER CHARACTERISTIC TO THOSE USED BY AN AGENCY   4,500        

OF THE FEDERAL GOVERNMENT OR THIS STATE, THAT PROSPECTIVE          4,501        

                                                          102    

                                                                 
ENROLLEES MAY BE LED TO BELIEVE THAT THE SOLICITATION DOCUMENT OR  4,502        

ADVERTISEMENT IS CONNECTED WITH AN AGENCY OF THE FEDERAL           4,503        

GOVERNMENT OR THIS STATE.                                          4,504        

      (E) THIS SECTION DOES NOT APPLY TO THE COVERAGE OF           4,506        

BENEFICIARIES ENROLLED IN TITLE XVIII OF THE "SOCIAL SECURITY      4,508        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, PURSUANT   4,511        

TO A MEDICARE RISK CONTRACT OR MEDICARE COST CONTRACT, OR TO THE   4,512        

COVERAGE OF BENEFICIARIES ENROLLED IN THE FEDERAL EMPLOYEE HEALTH  4,513        

BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A. 8905, OR TO THE COVERAGE   4,515        

OF BENEFICIARIES ENROLLED IN TITLE XIX OF THE "SOCIAL SECURITY     4,516        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, KNOWN AS   4,518        

THE MEDICAL ASSISTANCE PROGRAM OR MEDICAID, PROVIDED BY THE OHIO   4,519        

DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5111. OF THE REVISED    4,521        

CODE, OR TO THE COVERAGE OF BENEFICIARIES UNDER ANY FEDERAL        4,522        

HEALTH CARE PROGRAM REGULATED BY A FEDERAL REGULATORY BODY.        4,523        

      Sec. 1751.21.  (A)  A PEER REVIEW COMMITTEE OF A HOSPITAL    4,526        

OR OTHER HEALTH CARE FACILITY OR PROVIDER, OR OF AN INTERMEDIARY   4,527        

ORGANIZATION OR HEALTH DELIVERY NETWORK, WITH WHICH A HEALTH       4,528        

INSURING CORPORATION HAS A CONTRACT FOR HEALTH CARE SERVICES MAY   4,529        

PROVIDE TO A PEER REVIEW COMMITTEE OF THE HEALTH INSURING          4,530        

CORPORATION ANY INFORMATION, DOCUMENTS, TESTIMONY, OR OTHER        4,531        

RECORDS RELATING TO ANY MATTER THAT IS THE SUBJECT OF EVALUATION   4,532        

OR REVIEW BY THE PEER REVIEW COMMITTEES, IF CONSENT IS PROVIDED    4,533        

BY THE HEALTH CARE FACILITY AND ANY PHYSICIAN OR OTHER PROVIDER    4,534        

WHOSE PROFESSIONAL QUALIFICATIONS OR ACTIVITIES ARE THE SUBJECT    4,535        

OF EVALUATION OR REVIEW.                                           4,536        

      (B)  ANY IMMUNITY FROM LIABILITY FOR DAMAGES THAT IS         4,539        

PROVIDED UNDER SECTION 2305.25 OF THE REVISED CODE AND THAT WOULD  4,541        

OTHERWISE APPLY WITH RESPECT TO THE CONDUCT OF ANY PEER REVIEW     4,542        

COMMITTEE DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL          4,544        

CONTINUE TO APPLY, NOTWITHSTANDING THE PROVISION OF INFORMATION    4,545        

AS PERMITTED UNDER DIVISION (A) OF THIS SECTION.                   4,546        

      (C)  THE INFORMATION, DOCUMENTS, TESTIMONY, OR OTHER         4,549        

RECORDS DESCRIBED IN DIVISION (A) OF THIS SECTION, IF OTHERWISE    4,551        

                                                          103    

                                                                 
PROTECTED UNDER SECTION 2305.251 OF THE REVISED CODE, SHALL NOT    4,553        

BE CONSTRUED AS BEING AVAILABLE FOR DISCOVERY OR FOR USE IN ANY    4,554        

CIVIL ACTION SOLELY ON THE BASIS THAT THEY WERE PROVIDED BY THE    4,555        

PEER REVIEW COMMITTEE AS PERMITTED UNDER DIVISION (A) OF THIS      4,556        

SECTION.                                                           4,557        

      Sec. 1751.25.  THE FUNDS OF A HEALTH INSURING CORPORATION    4,559        

SHALL BE INVESTED ONLY IN SECURITIES OR OTHER INVESTMENTS OR       4,560        

ASSETS THAT CONSTITUTE PERMISSIBLE INVESTMENTS UNDER SECTION       4,561        

1751.26 OR 3925.08 OF THE REVISED CODE.                            4,562        

      Sec. 1751.26.  (A)  FOR PURPOSES OF THIS SECTION, REAL       4,565        

ESTATE USED FOR "THE ACCOMMODATION OF THE HEALTH INSURING          4,566        

CORPORATION'S BUSINESS OPERATIONS" INCLUDES THE HEALTH INSURING    4,567        

CORPORATION'S HOME OFFICE, BRANCH OFFICE, MEDICAL FACILITIES, AND  4,568        

FIELD OFFICE OPERATIONS.                                           4,569        

      (B)  NO HEALTH INSURING CORPORATION SHALL PURCHASE, HOLD,    4,572        

OR CONVEY REAL ESTATE, OR ANY INTEREST IN REAL ESTATE, TO BE USED  4,573        

AS AN INVESTMENT FOR THE PRODUCTION OF INCOME, TO BE DEVELOPED     4,574        

FOR THE PRODUCTION OF INCOME, OR TO BE OTHERWISE USED FOR          4,575        

PURPOSES OTHER THAN THE ACCOMMODATION OF THE HEALTH INSURING       4,576        

CORPORATION'S BUSINESS OPERATIONS, WITHOUT THE PRIOR APPROVAL OF   4,577        

THE SUPERINTENDENT OF INSURANCE.                                   4,578        

      (C)(1)  NO HEALTH INSURING CORPORATION SHALL INVEST,         4,581        

WITHOUT THE PRIOR APPROVAL OF THE SUPERINTENDENT, AN AMOUNT THAT   4,582        

EXCEEDS FORTY PER CENT OF ITS ADMITTED ASSETS AS OF THE            4,583        

IMMEDIATELY PRECEDING THIRTY-FIRST DAY OF DECEMBER IN REAL ESTATE  4,584        

USED FOR THE ACCOMMODATION OF THE HEALTH INSURING CORPORATION'S    4,585        

BUSINESS OPERATIONS FROM WHICH THE HEALTH INSURING CORPORATION     4,586        

PROVIDES HEALTH CARE SERVICES.                                     4,587        

      (2)  NO HEALTH INSURING CORPORATION SHALL INVEST, WITHOUT    4,589        

THE PRIOR APPROVAL OF THE SUPERINTENDENT, AN AMOUNT THAT EXCEEDS   4,590        

TWENTY-FIVE PER CENT OF ITS ADMITTED ASSETS AS OF THE IMMEDIATELY  4,592        

PRECEDING THIRTY-FIRST DAY OF DECEMBER IN REAL ESTATE USED FOR     4,594        

THE ACCOMMODATION OF THE HEALTH INSURING CORPORATION'S BUSINESS    4,595        

OPERATIONS FROM WHICH THE HEALTH INSURING CORPORATION DOES NOT     4,596        

                                                          104    

                                                                 
PROVIDE HEALTH CARE SERVICES.                                                   

      Sec. 1751.27.  (A)  EACH HEALTH INSURING CORPORATION         4,599        

HOLDING A CERTIFICATE OF AUTHORITY TO OPERATE IN THIS STATE SHALL  4,600        

HAVE DEPOSITED SECURITIES WITH THE SUPERINTENDENT OF INSURANCE OR  4,601        

AN APPROVED CUSTODIAN IN THE AMOUNT REQUIRED BY THIS DIVISION.     4,602        

      (1)  EACH HEALTH INSURING CORPORATION AUTHORIZED TO PROVIDE  4,605        

BASIC HEALTH CARE SERVICES SHALL MAINTAIN A DEPOSIT OF NOT LESS    4,606        

THAN TWO HUNDRED FIFTY THOUSAND DOLLARS.                                        

      (2)  EACH HEALTH INSURING CORPORATION AUTHORIZED TO PROVIDE  4,609        

ONLY SUPPLEMENTAL HEALTH CARE SERVICES SHALL MAINTAIN A DEPOSIT    4,610        

OF NOT LESS THAN ONE HUNDRED FIFTY THOUSAND DOLLARS.                            

      (3)  EACH HEALTH INSURING CORPORATION AUTHORIZED TO PROVIDE  4,612        

ONLY SPECIALTY HEALTH CARE SERVICES SHALL MAINTAIN A DEPOSIT OF    4,613        

NOT LESS THAN SEVENTY-FIVE THOUSAND DOLLARS.                       4,614        

      (4)  EACH HEALTH INSURING CORPORATION AUTHORIZED TO PROVIDE  4,617        

BOTH BASIC HEALTH CARE SERVICES AND SUPPLEMENTAL HEALTH CARE       4,618        

SERVICES SHALL MAINTAIN A DEPOSIT OF NOT LESS THAN FOUR HUNDRED    4,619        

THOUSAND DOLLARS.                                                               

      (5) EACH HEALTH INSURING CORPORATION AUTHORIZED TO PROVIDE   4,621        

BOTH BASIC HEALTH CARE SERVICES AND SPECIALTY HEALTH CARE          4,622        

SERVICES SHALL MAINTAIN A DEPOSIT OF NOT LESS THAN THREE HUNDRED   4,623        

TWENTY-FIVE THOUSAND DOLLARS.                                      4,624        

      (B)  THE SECURITIES DEPOSITED UNDER DIVISION (A) OF THIS     4,628        

SECTION SHALL BE HELD AS SECURITY FOR THE FULFILLMENT OF THE       4,629        

OBLIGATIONS OF THE HEALTH INSURING CORPORATION TO ITS ENROLLEES    4,630        

UNDER THIS CHAPTER.                                                             

      (C)  THE INTEREST FROM THE DEPOSIT MADE UNDER DIVISION (A)   4,634        

OF THIS SECTION SHALL ACCRUE TO THE HEALTH INSURING CORPORATION    4,635        

THAT MADE THE DEPOSIT.  THE DEPOSIT SHALL BE CONSIDERED TO BE AN   4,636        

ADMITTED ASSET OF THE HEALTH INSURING CORPORATION.                 4,637        

      (D)  THE SUPERINTENDENT SHALL ADOPT RULES SETTING FORTH THE  4,640        

QUALIFICATIONS AND RESPONSIBILITIES OF AN APPROVED CUSTODIAN.      4,641        

      Sec. 1751.28.  (A)  AS USED IN THIS SECTION:                 4,644        

      (1)  "ADMITTED ASSETS" INCLUDES THE INVESTMENTS AUTHORIZED   4,646        

                                                          105    

                                                                 
BY SECTION 1751.25 OF THE REVISED CODE, AND, IN ADDITION TO THESE  4,648        

INVESTMENTS, ONLY THE FOLLOWING:                                                

      (a)  PETTY CASH AND OTHER CASH FUNDS THAT ARE IN THE HEALTH  4,651        

INSURING CORPORATION'S PRINCIPAL OFFICE OR ANY OFFICIAL BRANCH     4,652        

OFFICE AND THAT ARE UNDER THE CONTROL OF THE CORPORATION;          4,653        

      (b)  IMMEDIATELY WITHDRAWABLE FUNDS ON DEPOSIT IN DEMAND     4,655        

ACCOUNTS IN A BANK OR TRUST COMPANY, OR SIMILAR FUNDS THAT ARE     4,656        

ACTUALLY IN THE HEALTH INSURING CORPORATION'S PRINCIPAL OFFICE OR  4,657        

ANY OFFICIAL BRANCH OFFICE AT STATEMENT DATE AND THAT ARE IN       4,658        

TRANSIT TO THE BANK OR TRUST COMPANY WITH AUTHENTIC DEPOSIT        4,659        

CREDIT GIVEN PRIOR TO THE CLOSE OF BUSINESS ON THE FIFTH BANK      4,660        

BUSINESS DAY FOLLOWING THE STATEMENT DATE;                         4,661        

      (c)  THE AMOUNT FAIRLY ESTIMATED AS RECOVERABLE ON CASH      4,664        

DEPOSITED IN A BANK OR TRUST COMPANY THE OPERATIONS OF WHICH HAVE  4,665        

BEEN SUSPENDED OR FOR WHICH A RECEIVER HAS BEEN APPOINTED, IF      4,666        

QUALIFYING UNDER THIS SECTION PRIOR TO THE SUSPENSION OF           4,667        

OPERATIONS OF OR THE APPOINTMENT OF A RECEIVER FOR THE BANK OR     4,668        

TRUST COMPANY;                                                                  

      (d)  BILLS AND ACCOUNTS RECEIVABLE COLLATERALIZED BY         4,671        

SECURITIES OF THE KIND IN WHICH THE HEALTH INSURING CORPORATION    4,672        

MAY INVEST;                                                                     

      (e)  PREMIUMS RECEIVABLE FROM GROUPS OR INDIVIDUALS THAT     4,675        

ARE NOT MORE THAN NINETY DAYS PAST DUE;                            4,676        

      (f)  ACCOUNTS RECEIVABLE THAT ARE NOT MORE THAN NINETY DAYS  4,679        

PAST DUE;                                                                       

      (g)  AMOUNTS DUE UNDER REINSURANCE ARRANGEMENTS FROM         4,682        

INSURANCE COMPANIES AUTHORIZED TO DO BUSINESS IN THIS STATE;       4,683        

      (h)  TAX REFUNDS DUE FROM THE UNITED STATES OR ANY STATE;    4,687        

      (i)  THE INTEREST ACCRUED ON MORTGAGE LOANS THAT CONFORM TO  4,690        

SECTION 3925.08 OF THE REVISED CODE, NOT EXCEEDING ON AN           4,691        

INDIVIDUAL LOAN AN AGGREGATE AMOUNT OF ONE YEAR'S TOTAL DUE AND    4,692        

ACCRUED INTEREST;                                                  4,693        

      (j)  THE RENTS ACCRUED AND OWING TO THE HEALTH INSURING      4,696        

CORPORATION ON REAL AND PERSONAL PROPERTY, DIRECTLY OR             4,697        

                                                          106    

                                                                 
BENEFICIALLY OWNED, NOT EXCEEDING ON EACH INDIVIDUAL PROPERTY THE  4,698        

AMOUNT OF ONE YEAR'S TOTAL DUE AND ACCRUED RENT;                   4,699        

      (k)  INTEREST OR RENTS ACCRUED ON CONDITIONAL SALES          4,702        

AGREEMENTS, SECURITY INTERESTS, CHATTEL MORTGAGES, AND REAL OR     4,703        

PERSONAL PROPERTY UNDER LEASE TO OTHER CORPORATIONS, THAT CONFORM  4,704        

TO SECTION 3925.08 OF THE REVISED CODE, NOT EXCEEDING ON ANY       4,706        

INDIVIDUAL INVESTMENT THE AMOUNT OF ONE YEAR'S TOTAL DUE AND       4,707        

ACCRUED INTEREST OR RENT;                                          4,708        

      (l)  THE FIXED AND REQUIRED INTEREST DUE AND ACCRUED ON      4,711        

BONDS AND OTHER SIMILAR EVIDENCES OF INDEBTEDNESS, THAT CONFORM    4,712        

TO SECTION 3925.08 OF THE REVISED CODE, AND NOT IN DEFAULT;        4,713        

      (m)  DIVIDENDS RECEIVABLE ON SHARES OF STOCK THAT CONFORM    4,716        

TO SECTION 3925.08 OF THE REVISED CODE, PROVIDED THAT THE MARKET   4,717        

PRICE TAKEN FOR VALUATION PURPOSES DOES NOT INCLUDE THE VALUE OF   4,718        

THE DIVIDEND;                                                                   

      (n)  THE INTEREST OR DIVIDENDS DUE AND PAYABLE, BUT NOT      4,721        

CREDITED, ON DEPOSITS IN BANKS AND TRUST COMPANIES OR ON ACCOUNTS  4,722        

WITH SAVINGS AND LOAN ASSOCIATIONS;                                4,723        

      (o)  INTEREST ACCRUED ON SECURED LOANS THAT CONFORM TO       4,726        

SECTION 3925.08 OF THE REVISED CODE, NOT EXCEEDING THE AMOUNT OF   4,729        

ONE YEAR'S INTEREST ON ANY LOAN;                                                

      (p)  INTEREST ACCRUED ON TAX ANTICIPATION WARRANTS;          4,732        

      (q)  THE AMORTIZED VALUE OF ELECTRONIC COMPUTER OR DATA      4,735        

PROCESSING MACHINES OR SYSTEMS PURCHASED FOR USE IN CONNECTION     4,736        

WITH THE BUSINESS OF THE HEALTH INSURING CORPORATION, INCLUDING    4,737        

SOFTWARE PURCHASED AND DEVELOPED SPECIFICALLY FOR THE USE AND      4,738        

PURPOSES OF THE CORPORATION;                                                    

      (r)  THE COST OF FURNITURE, EQUIPMENT, AND MEDICAL           4,741        

EQUIPMENT, LESS ACCUMULATED DEPRECIATION ON THE FURNITURE AND      4,742        

EQUIPMENT TO BE APPLIED PRO RATA OVER A PERIOD NOT TO EXCEED FIVE  4,743        

YEARS, AND OF MEDICAL AND PHARMACEUTICAL SUPPLIES, THAT ARE UNDER  4,744        

THE CONTROL OF THE HEALTH INSURING CORPORATION, PROVIDED THESE     4,745        

ASSETS DO NOT EXCEED FIFTEEN PER CENT OF ADMITTED ASSETS;          4,746        

      (s)  AMOUNTS DUE FROM AFFILIATES TO THE EXTENT THAT THE      4,749        

                                                          107    

                                                                 
AFFILIATE HAS LIQUID ASSETS WITH WHICH TO PAY THE BALANCE AND      4,750        

MAINTAIN ITS ACCOUNTS ON A CURRENT BASIS.  ANY AMOUNT OUTSTANDING  4,751        

MORE THAN THREE MONTHS SHALL BE CONSIDERED NOT CURRENT.            4,752        

      (2)  "LIABILITIES" MEANS THE LIABILITIES OF THE HEALTH       4,754        

INSURING CORPORATION AS DETERMINED BY THE SUPERINTENDENT OF        4,755        

INSURANCE.                                                         4,756        

      (B)  ALL ADMITTED ASSETS OF A HEALTH INSURING CORPORATION    4,759        

MUST BE HELD IN THE HEALTH INSURING CORPORATION'S NAME AND MUST    4,760        

BE FREE AND CLEAR OF ANY ENCUMBRANCES, PLEDGES, OR HYPOTHECATION.  4,761        

      (C)(1)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO      4,764        

PROVIDE BASIC HEALTH CARE SERVICES, WHICH HEALTH INSURING          4,765        

CORPORATION IS NOT A PROVIDER SPONSORED ORGANIZATION, SHALL        4,766        

MAINTAIN TOTAL ADMITTED ASSETS EQUAL TO AT LEAST ONE HUNDRED TEN   4,767        

PER CENT OF THE LIABILITIES OF THE CORPORATION.  HOWEVER, AT NO    4,768        

TIME SHALL THE CORPORATION'S NET WORTH BE LESS THAN ONE MILLION    4,769        

TWO HUNDRED THOUSAND DOLLARS.                                                   

      (2)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,771        

PROVIDE ONLY SUPPLEMENTAL HEALTH CARE SERVICES SHALL MAINTAIN      4,772        

TOTAL ADMITTED ASSETS EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT   4,773        

OF THE LIABILITIES OF THE CORPORATION.  HOWEVER, AT NO TIME SHALL  4,775        

THE CORPORATION'S NET WORTH BE LESS THAN FIVE HUNDRED THOUSAND     4,776        

DOLLARS.                                                                        

      (3)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,778        

PROVIDE ONLY SPECIALTY HEALTH CARE SERVICES SHALL MAINTAIN TOTAL   4,779        

ADMITTED ASSETS EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT OF THE  4,780        

LIABILITIES OF THE CORPORATION.  HOWEVER, AT NO TIME SHALL THE     4,781        

CORPORATION'S NET WORTH BE LESS THAN TWO HUNDRED FIFTY THOUSAND    4,782        

DOLLARS.                                                           4,783        

      (4)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,785        

PROVIDE BOTH BASIC HEALTH CARE SERVICES AND SUPPLEMENTAL HEALTH    4,786        

CARE SERVICES, WHICH HEALTH INSURING CORPORATION IS NOT A          4,787        

PROVIDER SPONSORED ORGANIZATION, SHALL MAINTAIN TOTAL ADMITTED     4,788        

ASSETS EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT OF THE           4,789        

LIABILITIES OF THE CORPORATION.  HOWEVER, AT NO TIME SHALL THE     4,790        

                                                          108    

                                                                 
CORPORATION'S NET WORTH BE LESS THAN ONE MILLION SEVEN HUNDRED     4,791        

THOUSAND DOLLARS.                                                  4,792        

      (5)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,794        

PROVIDE BOTH BASIC HEALTH CARE SERVICES AND SPECIALTY HEALTH CARE  4,795        

SERVICES, WHICH HEALTH INSURING CORPORATION IS NOT A PROVIDER      4,796        

SPONSORED ORGANIZATION, SHALL MAINTAIN TOTAL ADMITTED ASSETS       4,797        

EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT OF THE LIABILITIES OF   4,798        

THE CORPORATION.  HOWEVER, AT NO TIME SHALL THE CORPORATION'S NET  4,799        

WORTH BE LESS THAN ONE MILLION FOUR HUNDRED FIFTY THOUSAND         4,800        

DOLLARS.                                                                        

      (6)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,802        

PROVIDE BASIC HEALTH CARE SERVICES, WHICH HEALTH INSURING          4,803        

CORPORATION IS A PROVIDER SPONSORED ORGANIZATION, SHALL MAINTAIN   4,804        

TOTAL ADMITTED ASSETS EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT   4,805        

OF THE LIABILITIES OF THE CORPORATION.  HOWEVER, AT NO TIME SHALL  4,806        

THE CORPORATION'S NET WORTH BE LESS THAN ONE MILLION DOLLARS.      4,807        

      (7)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,809        

PROVIDE BOTH BASIC HEALTH CARE SERVICES AND SUPPLEMENTAL HEALTH    4,810        

CARE SERVICES, WHICH HEALTH INSURING CORPORATION IS A PROVIDER     4,811        

SPONSORED ORGANIZATION, SHALL MAINTAIN TOTAL ADMITTED ASSETS       4,812        

EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT OF THE LIABILITIES OF   4,813        

THE CORPORATION.  HOWEVER, AT NO TIME SHALL THE CORPORATION'S NET  4,815        

WORTH BE LESS THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS.      4,816        

      (8)  EVERY HEALTH INSURING CORPORATION AUTHORIZED TO         4,818        

PROVIDE BOTH BASIC HEALTH CARE SERVICES AND SPECIALTY HEALTH CARE  4,819        

SERVICES, WHICH HEALTH INSURING CORPORATION IS A PROVIDER          4,820        

SPONSORED ORGANIZATION, SHALL MAINTAIN TOTAL ADMITTED ASSETS       4,821        

EQUAL TO AT LEAST ONE HUNDRED TEN PER CENT OF THE LIABILITIES OF   4,822        

THE CORPORATION.  HOWEVER, AT NO TIME SHALL THE CORPORATION'S NET  4,824        

WORTH BE LESS THAN ONE MILLION TWO HUNDRED FIFTY THOUSAND                       

DOLLARS.                                                           4,825        

      (D)  THE ADMITTED VALUE OF ANY REAL ESTATE OWNED BY A        4,828        

HEALTH INSURING CORPORATION, WHETHER USED FOR THE ACCOMMODATION    4,829        

OF THE HEALTH INSURING CORPORATION'S BUSINESS OPERATIONS OR        4,830        

                                                          109    

                                                                 
OTHERWISE, SHALL BE THE ORIGINAL COST PLUS THE COST OF             4,831        

IMPROVEMENTS, LESS ENCUMBRANCES AND ACCUMULATED DEPRECIATION.      4,832        

      (E)  THE NET WORTH OTHERWISE REQUIRED BY THIS SECTION SHALL  4,834        

BE REDUCED BY AN AMOUNT REPRESENTING CREDIT GIVEN TO RESERVE       4,835        

LIABILITIES WHEN A HEALTH INSURING CORPORATION CARRIES             4,836        

REINSURANCE WITH AN ADMITTED REINSURER.  HOWEVER, SUCH AN AMOUNT   4,837        

SHALL NOT AFFECT THE MINIMUM AMOUNTS SET FORTH IN THIS SECTION     4,838        

AND SECTION 1751.27 OF THE REVISED CODE.                                        

      Sec. 1751.31.  (A)  ANY CHANGES IN A HEALTH INSURING         4,841        

CORPORATION'S SOLICITATION DOCUMENT SHALL BE FILED WITH THE        4,842        

SUPERINTENDENT OF INSURANCE.  THE SUPERINTENDENT, WITHIN SIXTY     4,843        

DAYS OF FILING, MAY DISAPPROVE ANY SOLICITATION DOCUMENT OR        4,844        

AMENDMENT TO IT ON ANY OF THE GROUNDS STATED IN THIS SECTION.      4,845        

SUCH DISAPPROVAL SHALL BE EFFECTED BY WRITTEN NOTICE TO THE        4,846        

HEALTH INSURING CORPORATION.  THE NOTICE SHALL STATE THE GROUNDS   4,847        

FOR DISAPPROVAL AND SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER     4,848        

119. OF THE REVISED CODE.                                          4,849        

      (B)  THE SOLICITATION DOCUMENT SHALL CONTAIN ALL             4,852        

INFORMATION NECESSARY TO ENABLE A CONSUMER TO MAKE AN INFORMED     4,853        

CHOICE AS TO WHETHER OR NOT TO ENROLL IN THE HEALTH INSURING       4,854        

CORPORATION.  THE INFORMATION SHALL INCLUDE A SPECIFIC             4,855        

DESCRIPTION OF THE HEALTH CARE SERVICES TO BE AVAILABLE AND THE    4,856        

APPROXIMATE NUMBER AND TYPE OF FULL-TIME EQUIVALENT MEDICAL        4,857        

PRACTITIONERS.  THE INFORMATION SHALL BE PRESENTED IN THE          4,858        

SOLICITATION DOCUMENT IN A MANNER THAT IS CLEAR, CONCISE, AND      4,859        

INTELLIGIBLE TO PROSPECTIVE APPLICANTS IN THE PROPOSED SERVICE     4,860        

AREA.                                                                           

      (C)  EVERY POTENTIAL APPLICANT WHOSE SUBSCRIPTION TO A       4,863        

HEALTH CARE PLAN IS SOLICITED SHALL RECEIVE, AT OR BEFORE THE      4,864        

TIME OF SOLICITATION, A SOLICITATION DOCUMENT APPROVED BY THE      4,865        

SUPERINTENDENT.                                                                 

      (D)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A HEALTH  4,868        

INSURING CORPORATION MAY USE A SOLICITATION DOCUMENT THAT THE      4,869        

CORPORATION USES IN CONNECTION WITH POLICIES FOR BENEFICIARIES OF  4,870        

                                                          110    

                                                                 
TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42  4,872        

U.S.C.A. 301, AS AMENDED, PURSUANT TO A MEDICARE RISK CONTRACT OR  4,874        

MEDICARE COST CONTRACT, OR FOR POLICIES FOR BENEFICIARIES OF THE   4,875        

FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM PURSUANT TO 5 U.S.C.A.   4,877        

8905, OR FOR POLICIES FOR BENEFICIARIES OF TITLE XIX OF THE        4,879        

"SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS    4,882        

AMENDED, KNOWN AS THE MEDICAL ASSISTANCE PROGRAM OR MEDICAID,      4,883        

PROVIDED BY THE OHIO DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER    4,884        

5111. OF THE REVISED CODE, OR FOR POLICIES FOR BENEFICIARIES OF    4,885        

ANY OTHER FEDERAL HEALTH CARE PROGRAM REGULATED BY A FEDERAL       4,886        

REGULATORY BODY, IF BOTH OF THE FOLLOWING APPLY:                   4,887        

      (1)  THE SOLICITATION DOCUMENT HAS BEEN APPROVED BY THE      4,889        

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE UNITED  4,890        

STATES OFFICE OF PERSONNEL MANAGEMENT, OR THE OHIO DEPARTMENT OF   4,892        

HUMAN SERVICES.                                                                 

      (2)  THE SOLICITATION DOCUMENT IS FILED WITH THE             4,894        

SUPERINTENDENT OF INSURANCE PRIOR TO USE AND IS ACCOMPANIED BY     4,895        

DOCUMENTATION OF APPROVAL FROM THE UNITED STATES DEPARTMENT OF     4,898        

HEALTH AND HUMAN SERVICES, THE UNITED STATES OFFICE OF PERSONNEL   4,900        

MANAGEMENT, OR THE OHIO DEPARTMENT OF HUMAN SERVICES.              4,902        

      (E)  NO HEALTH INSURING CORPORATION, OR ITS AGENTS OR        4,905        

REPRESENTATIVES, SHALL USE MONETARY OR OTHER VALUABLE              4,906        

CONSIDERATION, ENGAGE IN MISLEADING OR DECEPTIVE PRACTICES, OR     4,907        

MAKE UNTRUE, MISLEADING, OR DECEPTIVE REPRESENTATIONS TO INDUCE    4,908        

ENROLLMENT.  NOTHING IN THIS DIVISION SHALL PROHIBIT INCENTIVE     4,909        

FORMS OF REMUNERATION SUCH AS COMMISSION SALES PROGRAMS FOR THE    4,910        

HEALTH INSURING CORPORATION'S EMPLOYEES AND AGENTS.                4,911        

      (F)  ANY PERSON OBLIGATED FOR ANY PART OF A PREMIUM RATE IN  4,914        

CONNECTION WITH AN ENROLLMENT AGREEMENT, IN ADDITION TO ANY RIGHT  4,915        

OTHERWISE AVAILABLE TO REVOKE AN OFFER, MAY CANCEL SUCH AGREEMENT  4,916        

WITHIN SEVENTY-TWO HOURS AFTER HAVING SIGNED THE AGREEMENT OR      4,917        

OFFER TO ENROLL.  CANCELLATION OCCURS WHEN WRITTEN NOTICE OF THE   4,918        

CANCELLATION IS GIVEN TO THE HEALTH INSURING CORPORATION OR ITS    4,919        

AGENTS OR OTHER REPRESENTATIVES.  A NOTICE OF CANCELLATION MAILED  4,920        

                                                          111    

                                                                 
TO THE HEALTH INSURING CORPORATION SHALL BE CONSIDERED TO HAVE     4,921        

BEEN FILED ON ITS POSTMARK DATE.                                   4,922        

      (G) NOTHING IN THIS SECTION SHALL PROHIBIT HEALTHY           4,924        

LIFESTYLE PROGRAMS.                                                4,925        

      Sec. 1751.32.  EACH HEALTH INSURING CORPORATION, ANNUALLY,   4,927        

ON OR BEFORE THE FIRST DAY OF MARCH, SHALL FILE A REPORT WITH THE  4,929        

SUPERINTENDENT OF INSURANCE AND THE DIRECTOR OF HEALTH, COVERING   4,930        

THE PRECEDING CALENDAR YEAR.                                                    

      THE REPORT SHALL BE VERIFIED BY AN OFFICER OF THE HEALTH     4,932        

INSURING CORPORATION, SHALL BE IN THE FORM THE SUPERINTENDENT      4,933        

PRESCRIBES, AND SHALL INCLUDE:                                     4,934        

      (A)  A FINANCIAL STATEMENT OF THE HEALTH INSURING            4,937        

CORPORATION, INCLUDING ITS BALANCE SHEET AND RECEIPTS AND          4,938        

DISBURSEMENTS FOR THE PRECEDING YEAR, WHICH REFLECT, AT A          4,939        

MINIMUM:                                                                        

      (1)  ALL PREMIUM RATE AND OTHER PAYMENTS RECEIVED FOR        4,941        

HEALTH CARE SERVICES RENDERED;                                     4,942        

      (2)  EXPENDITURES WITH RESPECT TO ALL CATEGORIES OF          4,944        

PROVIDERS, FACILITIES, INSURANCE COMPANIES, AND OTHER PERSONS      4,945        

ENGAGED TO FULFILL OBLIGATIONS OF THE HEALTH INSURING CORPORATION  4,947        

ARISING OUT OF ITS HEALTH CARE POLICIES, CONTRACTS, CERTIFICATES,  4,948        

AND AGREEMENTS;                                                                 

      (3)  EXPENDITURES FOR CAPITAL IMPROVEMENTS OR ADDITIONS      4,950        

THERETO, INCLUDING, BUT NOT LIMITED TO, CONSTRUCTION, RENOVATION,  4,952        

OR PURCHASE OF FACILITIES AND EQUIPMENT.                                        

      (B)  A DESCRIPTION OF THE ENROLLEE POPULATION AND            4,955        

COMPOSITION, GROUP AND NONGROUP;                                                

      (C)  A SUMMARY OF ENROLLEE WRITTEN COMPLAINTS AND THEIR      4,958        

DISPOSITION;                                                                    

      (D)  A STATEMENT OF THE NUMBER OF SUBSCRIBER POLICIES,       4,961        

CONTRACTS, CERTIFICATES, AND AGREEMENTS THAT HAVE BEEN TERMINATED  4,962        

BY ACTION OF THE HEALTH INSURING CORPORATION, INCLUDING THE        4,963        

NUMBER OF ENROLLEES AFFECTED;                                      4,964        

      (E)  A SUMMARY OF THE INFORMATION COMPILED PURSUANT TO       4,967        

                                                          112    

                                                                 
DIVISION (B)(5) OF SECTION 1751.04 OF THE REVISED CODE;            4,968        

      (F)  A CURRENT REPORT OF THE NAMES AND ADDRESSES OF THE      4,971        

PERSONS RESPONSIBLE FOR THE CONDUCT OF THE AFFAIRS OF THE HEALTH   4,972        

INSURING CORPORATION AS REQUIRED BY SECTION 1751.03 OF THE         4,973        

REVISED CODE.  ADDITIONALLY, THE REPORT SHALL INCLUDE THE AMOUNT   4,975        

OF WAGES, EXPENSE REIMBURSEMENTS, AND OTHER PAYMENTS TO THESE      4,976        

PERSONS FOR SERVICES TO THE HEALTH INSURING CORPORATION, AND       4,977        

SHALL INCLUDE A FULL DISCLOSURE OF THE FINANCIAL INTERESTS         4,978        

RELATED TO THE OPERATIONS OF THE HEALTH INSURING CORPORATION       4,979        

ACQUIRED BY THESE PERSONS DURING THE PRECEDING YEAR.               4,980        

      (G)  AN AUDIT REPORT CERTIFIED BY AN INDEPENDENT CERTIFIED   4,983        

PUBLIC ACCOUNTANT IN THE FORM PRESCRIBED BY THE SUPERINTENDENT BY  4,984        

RULE;                                                                           

      (H)  AN ACTUARIAL OPINION IN THE FORM PRESCRIBED BY THE      4,987        

SUPERINTENDENT BY RULE;                                                         

      (I)  ANY OTHER INFORMATION RELATING TO THE PERFORMANCE OF    4,990        

THE HEALTH INSURING CORPORATION THAT IS NECESSARY TO ENABLE THE    4,991        

SUPERINTENDENT TO CARRY OUT THE SUPERINTENDENT'S DUTIES UNDER      4,992        

THIS CHAPTER.                                                                   

      Sec. 1751.33.  (A)  EACH HEALTH INSURING CORPORATION SHALL   4,994        

PROVIDE TO ITS SUBSCRIBERS, BY MAIL, A DESCRIPTION OF THE HEALTH   4,995        

INSURING CORPORATION, ITS METHOD OF OPERATION, ITS SERVICE AREA,   4,996        

ITS MOST RECENT PROVIDER LIST, AND ITS COMPLAINT PROCEDURE         4,997        

ESTABLISHED PURSUANT TO SECTION 1751.19 OF THE REVISED CODE.  A    4,999        

HEALTH INSURING CORPORATION PROVIDING BASIC HEALTH CARE SERVICES   5,000        

OR SUPPLEMENTAL HEALTH CARE SERVICES SHALL PROVIDE THIS            5,001        

INFORMATION ANNUALLY.  A HEALTH INSURING CORPORATION PROVIDING                  

ONLY SPECIALTY HEALTH CARE SERVICES SHALL PROVIDE THIS             5,002        

INFORMATION BIENNIALLY.                                                         

      (B)  EACH HEALTH INSURING CORPORATION, UPON THE REQUEST OF   5,005        

A SUBSCRIBER, SHALL MAKE AVAILABLE ITS MOST RECENT STATUTORY       5,006        

FINANCIAL STATEMENT.                                                            

      Sec. 1751.34.  (A)  EACH HEALTH INSURING CORPORATION AND     5,009        

EACH APPLICANT FOR A CERTIFICATE OF AUTHORITY UNDER THIS CHAPTER   5,010        

                                                          113    

                                                                 
SHALL BE SUBJECT TO EXAMINATION BY THE SUPERINTENDENT OF           5,011        

INSURANCE IN ACCORDANCE WITH SECTION 3901.07 OF THE REVISED CODE.  5,013        

SECTION 3901.07 OF THE REVISED CODE SHALL GOVERN EVERY ASPECT OF   5,015        

THE EXAMINATION, INCLUDING THE CIRCUMSTANCES UNDER AND FREQUENCY   5,016        

WITH WHICH IT IS CONDUCTED, THE AUTHORITY OF THE SUPERINTENDENT    5,017        

AND ANY EXAMINER OR OTHER PERSON APPOINTED BY THE SUPERINTENDENT,  5,018        

THE LIABILITY FOR THE ASSESSMENT OF EXPENSES INCURRED IN           5,019        

CONDUCTING THE EXAMINATION, AND THE REMITTANCE OF THE ASSESSMENT   5,020        

TO THE SUPERINTENDENT'S EXAMINATION FUND.                                       

      (B)  THE DIRECTOR OF HEALTH SHALL MAKE AN EXAMINATION        5,023        

CONCERNING THE MATTERS SUBJECT TO THE DIRECTOR'S CONSIDERATION IN  5,024        

SECTION 1751.04 OF THE REVISED CODE AS OFTEN AS THE DIRECTOR       5,025        

CONSIDERS IT NECESSARY FOR THE PROTECTION OF THE INTERESTS OF THE  5,027        

PEOPLE OF THIS STATE, BUT NOT LESS FREQUENTLY THAN ONCE EVERY      5,028        

THREE YEARS.  THE EXPENSES OF SUCH EXAMINATIONS SHALL BE ASSESSED  5,029        

AGAINST THE HEALTH INSURING CORPORATION BEING EXAMINED IN THE      5,030        

MANNER IN WHICH EXPENSES OF EXAMINATIONS ARE ASSESSED AGAINST AN   5,031        

INSURANCE COMPANY UNDER SECTION 3901.07 OF THE REVISED CODE.       5,032        

      (C)  AN EXAMINATION, PURSUANT TO SECTION 3901.07 OF THE      5,035        

REVISED CODE, OF AN INSURANCE COMPANY HOLDING A CERTIFICATE OF     5,036        

AUTHORITY UNDER THIS CHAPTER TO ORGANIZE AND OPERATE A HEALTH      5,037        

INSURING CORPORATION SHALL INCLUDE AN EXAMINATION OF THE HEALTH    5,038        

INSURING CORPORATION PURSUANT TO THIS SECTION AND THE EXAMINATION  5,039        

SHALL SATISFY THE REQUIREMENTS OF DIVISIONS (A) AND (B) OF THIS    5,041        

SECTION.                                                                        

      (D)  THE SUPERINTENDENT MAY CONDUCT MARKET CONDUCT           5,044        

EXAMINATIONS PURSUANT TO SECTION 3901.011 OF THE REVISED CODE OF   5,046        

ANY HEALTH INSURING CORPORATION AS OFTEN AS THE SUPERINTENDENT     5,047        

CONSIDERS IT NECESSARY FOR THE PROTECTION OF THE INTERESTS OF      5,048        

SUBSCRIBERS AND ENROLLEES.  THE EXPENSES OF SUCH MARKET CONDUCT    5,049        

EXAMINATIONS SHALL BE ASSESSED AGAINST THE HEALTH INSURING         5,050        

CORPORATION BEING EXAMINED.  ALL COSTS, ASSESSMENTS, OR FINES      5,051        

COLLECTED UNDER THIS DIVISION SHALL BE PAID INTO THE STATE         5,052        

TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING    5,053        

                                                          114    

                                                                 
FUND.                                                                           

      Sec. 1751.35.  (A)  THE SUPERINTENDENT OF INSURANCE MAY      5,056        

SUSPEND OR REVOKE ANY CERTIFICATE OF AUTHORITY ISSUED TO A HEALTH  5,057        

INSURING CORPORATION UNDER THIS CHAPTER IF THE SUPERINTENDENT      5,058        

FINDS THAT:                                                                     

      (1)  THE HEALTH INSURING CORPORATION IS OPERATING IN         5,060        

CONTRAVENTION OF ITS ARTICLES OF INCORPORATION, ITS HEALTH CARE    5,061        

PLAN OR PLANS, OR IN A MANNER CONTRARY TO THAT DESCRIBED IN AND    5,062        

REASONABLY INFERRED FROM ANY OTHER INFORMATION SUBMITTED UNDER     5,063        

SECTION 1751.03 OF THE REVISED CODE, UNLESS AMENDMENTS TO SUCH     5,065        

SUBMISSIONS HAVE BEEN FILED AND HAVE TAKEN EFFECT IN COMPLIANCE    5,066        

WITH THIS CHAPTER.                                                 5,067        

      (2)  THE HEALTH INSURING CORPORATION FAILS TO ISSUE          5,069        

EVIDENCES OF COVERAGE IN COMPLIANCE WITH THE REQUIREMENTS OF       5,070        

SECTION 1751.11 OF THE REVISED CODE.                               5,072        

      (3)  THE CONTRACTUAL PERIODIC PREPAYMENTS OR PREMIUM RATES   5,074        

USED DO NOT COMPLY WITH THE REQUIREMENTS OF SECTION 1751.12 OF     5,075        

THE REVISED CODE.                                                  5,076        

      (4)  THE HEALTH INSURING CORPORATION ENTERS INTO A           5,078        

CONTRACT, AGREEMENT, OR OTHER ARRANGEMENT WITH ANY HEALTH CARE     5,079        

FACILITY OR PROVIDER, THAT DOES NOT COMPLY WITH THE REQUIREMENTS   5,080        

OF SECTION 1751.13 OF THE REVISED CODE, OR THE CORPORATION FAILS   5,082        

TO PROVIDE AN ANNUAL CERTIFICATE AS REQUIRED BY SECTION 1751.13    5,083        

OF THE REVISED CODE.                                               5,085        

      (5)  THE DIRECTOR OF HEALTH HAS CERTIFIED, AFTER A HEARING   5,087        

CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE,     5,089        

THAT THE HEALTH INSURING CORPORATION NO LONGER MEETS THE           5,090        

REQUIREMENTS OF SECTION 1751.04 OF THE REVISED CODE.               5,092        

      (6)  THE HEALTH INSURING CORPORATION IS NO LONGER            5,094        

FINANCIALLY RESPONSIBLE AND MAY REASONABLY BE EXPECTED TO BE       5,095        

UNABLE TO MEET ITS OBLIGATIONS TO ENROLLEES OR PROSPECTIVE         5,096        

ENROLLEES.                                                         5,097        

      (7)  THE HEALTH INSURING CORPORATION HAS FAILED TO           5,099        

IMPLEMENT THE COMPLAINT SYSTEM THAT COMPLIES WITH THE              5,100        

                                                          115    

                                                                 
REQUIREMENTS OF SECTION 1751.19 OF THE REVISED CODE.               5,103        

      (8)  THE HEALTH INSURING CORPORATION, OR ANY AGENT OR        5,105        

REPRESENTATIVE OF THE CORPORATION, HAS ADVERTISED, MERCHANDISED,   5,106        

OR SOLICITED ON ITS BEHALF IN CONTRAVENTION OF THE REQUIREMENTS    5,107        

OF SECTION 1751.31 OF THE REVISED CODE.                            5,108        

      (9)  THE HEALTH INSURING CORPORATION HAS UNLAWFULLY          5,110        

DISCRIMINATED AGAINST ANY ENROLLEE OR PROSPECTIVE ENROLLEE WITH    5,111        

RESPECT TO ENROLLMENT, DISENROLLMENT, OR PRICE OR QUALITY OF       5,112        

HEALTH CARE SERVICES.                                              5,113        

      (10)  THE CONTINUED OPERATION OF THE HEALTH INSURING         5,115        

CORPORATION WOULD BE HAZARDOUS OR OTHERWISE DETRIMENTAL TO ITS     5,116        

ENROLLEES.                                                         5,117        

      (11)  THE HEALTH INSURING CORPORATION HAS SUBMITTED FALSE    5,119        

INFORMATION IN ANY FILING OR SUBMISSION REQUIRED UNDER THIS        5,120        

CHAPTER OR ANY RULE ADOPTED UNDER THIS CHAPTER.                    5,121        

      (12)  THE HEALTH INSURING CORPORATION HAS OTHERWISE FAILED   5,123        

TO SUBSTANTIALLY COMPLY WITH THIS CHAPTER OR ANY RULE ADOPTED      5,124        

UNDER THIS CHAPTER.                                                5,125        

      (13)  THE HEALTH INSURING CORPORATION IS NOT OPERATING A     5,127        

HEALTH CARE PLAN.                                                  5,128        

      (B)  A CERTIFICATE OF AUTHORITY SHALL BE SUSPENDED OR        5,131        

REVOKED ONLY AFTER COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER     5,132        

119. OF THE REVISED CODE.                                          5,133        

      (C)  WHEN THE CERTIFICATE OF AUTHORITY OF A HEALTH INSURING  5,136        

CORPORATION IS SUSPENDED, THE HEALTH INSURING CORPORATION, DURING  5,137        

THE PERIOD OF SUSPENSION, SHALL NOT ENROLL ANY ADDITIONAL          5,138        

SUBSCRIBERS OR ENROLLEES EXCEPT NEWBORN CHILDREN OR OTHER NEWLY    5,139        

ACQUIRED DEPENDENTS OF EXISTING SUBSCRIBERS OR ENROLLEES, AND      5,140        

SHALL NOT ENGAGE IN ANY ADVERTISING OR SOLICITATION WHATSOEVER.    5,141        

      (D)  WHEN THE CERTIFICATE OF AUTHORITY OF A HEALTH INSURING  5,144        

CORPORATION IS REVOKED, THE HEALTH INSURING CORPORATION,           5,145        

FOLLOWING THE EFFECTIVE DATE OF THE ORDER OF REVOCATION, SHALL     5,146        

CONDUCT NO FURTHER BUSINESS EXCEPT AS MAY BE ESSENTIAL TO THE      5,147        

ORDERLY CONCLUSION OF THE AFFAIRS OF THE HEALTH INSURING           5,148        

                                                          116    

                                                                 
CORPORATION.  THE HEALTH INSURING CORPORATION SHALL ENGAGE IN NO   5,149        

FURTHER ADVERTISING OR SOLICITATION WHATSOEVER.  THE               5,150        

SUPERINTENDENT, BY WRITTEN ORDER, MAY PERMIT SUCH FURTHER          5,151        

OPERATION OF THE HEALTH INSURING CORPORATION AS THE                5,152        

SUPERINTENDENT MAY FIND TO BE IN THE BEST INTEREST OF ENROLLEES,   5,153        

TO THE END THAT ENROLLEES WILL BE AFFORDED THE GREATEST PRACTICAL  5,154        

OPPORTUNITY TO OBTAIN CONTINUING HEALTH CARE COVERAGE.             5,155        

      Sec. 1751.36.  (A)  WHEN THE SUPERINTENDENT OF INSURANCE     5,158        

HAS CAUSE TO BELIEVE THAT GROUNDS FOR THE DENIAL OF AN             5,159        

APPLICATION FOR A CERTIFICATE OF AUTHORITY EXIST, OR THAT GROUNDS  5,160        

FOR THE SUSPENSION OR REVOCATION OF A CERTIFICATE OF AUTHORITY     5,161        

EXIST, THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT OR HEALTH     5,162        

INSURING CORPORATION AND THE DIRECTOR OF HEALTH IN WRITING,        5,163        

SPECIFICALLY STATING THE GROUNDS FOR THE DENIAL, SUSPENSION, OR    5,164        

REVOCATION AND SETTING A DATE OF AT LEAST THIRTY DAYS AFTER THE    5,165        

NOTIFICATION FOR A HEARING ON THE MATTER.                                       

      (B)  THE RECOMMENDATIONS AND FINDINGS OF THE DIRECTOR OF     5,168        

HEALTH WITH RESPECT TO MATTERS SUBJECT TO THE DIRECTOR'S           5,169        

CONSIDERATION UNDER SECTION 1751.04 OF THE REVISED CODE, PROVIDED  5,171        

IN CONNECTION WITH ANY DECISION REGARDING THE DENIAL, SUSPENSION,  5,172        

OR REVOCATION OF A CERTIFICATE OF AUTHORITY, SHALL BE REVIEWED     5,173        

AND CONSIDERED BY THE SUPERINTENDENT.  AFTER THE HEARING           5,174        

AUTHORIZED BY DIVISION (A) OF THIS SECTION, OR UPON THE FAILURE    5,176        

OF THE APPLICANT OR HEALTH INSURING CORPORATION TO APPEAR AT THE   5,177        

HEARING, THE SUPERINTENDENT SHALL TAKE SUCH ACTION AS IN           5,178        

ACCORDANCE WITH LAW AND THE EVIDENCE.  THE ACTION SHALL BE SET     5,179        

OUT IN WRITTEN FINDINGS WHICH SHALL BE MAILED TO THE APPLICANT OR  5,180        

HEALTH INSURING CORPORATION WITH A COPY TO THE DIRECTOR OF                      

HEALTH.  THE ACTION OF THE SUPERINTENDENT IS SUBJECT TO REVIEW IN  5,182        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT A    5,184        

CERTIFICATION BY THE DIRECTOR UNDER DIVISION (D) OF SECTION        5,186        

1751.04 OR DIVISION (A)(5) OF SECTION 1751.35 OF THE REVISED CODE  5,188        

THAT WAS MADE IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE  5,189        

SHALL BE FINAL AS TO THE MATTERS CERTIFIED.                                     

                                                          117    

                                                                 
      (C)  CHAPTER 119. OF THE REVISED CODE APPLIES TO             5,191        

PROCEEDINGS UNDER THIS SECTION TO THE EXTENT THAT IT IS NOT IN     5,192        

CONFLICT WITH DIVISIONS (A) AND (B) OF THIS SECTION.               5,193        

      Sec. 1751.38.  (A)  AS USED IN THIS SECTION, "AGENT" MEANS   5,196        

A PERSON APPOINTED BY A HEALTH INSURING CORPORATION TO ENGAGE IN   5,197        

THE SOLICITATION OR ENROLLMENT OF SUBSCRIBERS OR ENROLLEES.        5,198        

      (B)  AGENTS OF HEALTH INSURING CORPORATIONS SHALL BE         5,201        

LICENSED PURSUANT TO SECTION 3905.01 OR 3905.18 OF THE REVISED     5,204        

CODE.                                                                           

      (C)  SECTIONS 3905.01, 3905.03, 3905.05, 3905.16 TO          5,207        

3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42,    5,208        

3905.46 TO 3905.48, 3905.481, 3905.482, 3905.486, 3905.49,         5,209        

3905.50, 3905.71 TO 3905.79, AND 3905.99 OF THE REVISED CODE       5,210        

SHALL APPLY TO HEALTH INSURING CORPORATIONS AND THE AGENTS OF      5,211        

HEALTH INSURING CORPORATIONS IN THE SAME MANNER IN WHICH THESE     5,212        

SECTIONS APPLY TO INSURERS AND AGENTS OF INSURERS.                 5,213        

      Sec. 1751.40.  (A)  NOTWITHSTANDING ANY PROVISION OF TITLE   5,215        

XXXIX OF THE REVISED CODE, ANY INSURANCE COMPANY HOLDING A         5,219        

CERTIFICATE OF AUTHORITY ISSUED PURSUANT TO TITLE XXXIX OF THE     5,221        

REVISED CODE, OR ANY CORPORATION THAT IS A SUBSIDIARY OR           5,222        

AFFILIATE OF THE INSURANCE COMPANY, MAY APPLY FOR AND OBTAIN A     5,223        

CERTIFICATE OF AUTHORITY TO ORGANIZE AND OPERATE A HEALTH          5,224        

INSURING CORPORATION IN COMPLIANCE WITH THIS CHAPTER.              5,225        

NOTWITHSTANDING ANY OTHER LAW THAT MAY BE INCONSISTENT WITH THIS   5,226        

DIVISION, ANY TWO OR MORE SUCH INSURANCE COMPANIES, OR                          

SUBSIDIARIES OR AFFILIATES THEREOF, MAY JOINTLY ORGANIZE AND       5,227        

OPERATE A HEALTH INSURING CORPORATION UNDER THIS CHAPTER.  THE     5,228        

BUSINESS OF INSURANCE IS DEEMED TO INCLUDE THE PROVIDING OF        5,229        

HEALTH CARE BY A HEALTH INSURING CORPORATION OWNED OR OPERATED BY  5,231        

AN INSURANCE COMPANY OR A SUBSIDIARY OR AFFILIATE OF AN INSURANCE  5,232        

COMPANY.                                                                        

      (B)  NOTWITHSTANDING ANY PROVISION OF ANY INSURANCE LAWS OF  5,235        

THIS STATE, AN INSURANCE COMPANY MAY CONTRACT WITH A HEALTH        5,236        

INSURING CORPORATION TO PROVIDE INSURANCE OR SIMILAR PROTECTION    5,237        

                                                          118    

                                                                 
AGAINST THE COST OF CARE PROVIDED THROUGH HEALTH INSURING          5,238        

CORPORATIONS AND TO PROVIDE COVERAGE IN THE EVENT OF THE FAILURE   5,239        

OF THE HEALTH INSURING CORPORATION TO MEET ITS OBLIGATIONS.  THE   5,240        

ENROLLEES OF A HEALTH INSURING CORPORATION CONSTITUTE A            5,241        

PERMISSIBLE GROUP UNDER SUCH LAWS.  AMONG OTHER THINGS, UNDER      5,242        

SUCH CONTRACTS, THE INSURER MAY MAKE BENEFIT PAYMENTS TO HEALTH    5,243        

INSURING CORPORATIONS FOR HEALTH CARE SERVICES RENDERED BY         5,244        

FACILITIES AND PROVIDERS PURSUANT TO A HEALTH CARE PLAN.           5,245        

      Sec. 1751.42.  ANY REHABILITATION, LIQUIDATION,              5,247        

SUPERVISION, OR CONSERVATION OF A HEALTH INSURING CORPORATION      5,248        

SHALL BE DEEMED TO BE THE REHABILITATION, LIQUIDATION,             5,249        

SUPERVISION, OR CONSERVATION OF AN INSURANCE COMPANY AND SHALL BE  5,250        

CONDUCTED UNDER THE SUPERVISION OF THE SUPERINTENDENT OF           5,251        

INSURANCE PURSUANT TO CHAPTER 3903. OF THE REVISED CODE.           5,254        

      Sec. 1751.44.  (A)  EACH HEALTH INSURING CORPORATION SHALL   5,257        

PAY TO THE SUPERINTENDENT OF INSURANCE THE FOLLOWING FEES:         5,258        

      (1)  FOR FILING AN APPLICATION FOR A CERTIFICATE OF          5,260        

AUTHORITY, FIFTEEN HUNDRED DOLLARS;                                5,261        

      (2)  FOR FILING A REQUEST FOR A SERVICE AREA EXPANSION       5,263        

UNDER SECTION 1751.03 OF THE REVISED CODE, THREE HUNDRED DOLLARS;  5,265        

      (3)  FOR FILING A MAJOR MODIFICATION UNDER SECTION 1751.03   5,267        

OF THE REVISED CODE, THREE HUNDRED DOLLARS;                        5,270        

      (4)  FOR FILING EACH ANNUAL REPORT, TWENTY-FIVE DOLLARS;     5,273        

      (5)  FOR ALL OTHER REQUIRED FILINGS FOR WHICH NO FILING FEE  5,276        

IS OTHERWISE PROVIDED FOR BY THIS CHAPTER, FIFTY DOLLARS.          5,277        

      (B)  ALL FEES COLLECTED UNDER THIS SECTION SHALL BE PAID     5,280        

INTO THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF         5,281        

INSURANCE OPERATING FUND.                                                       

      Sec. 1751.45.  (A)  IN LIEU OF THE SUSPENSION OR REVOCATION  5,284        

OF A CERTIFICATE OF AUTHORITY UNDER SECTION 1751.35 OF THE         5,285        

REVISED CODE, THE SUPERINTENDENT OF INSURANCE, PURSUANT TO AN      5,287        

ADJUDICATION HEARING INITIATED AND CONDUCTED IN ACCORDANCE WITH    5,288        

CHAPTER 119. OF THE REVISED CODE, OR BY CONSENT OF THE HEALTH      5,290        

INSURING CORPORATION WITHOUT AN ADJUDICATION HEARING, MAY LEVY AN  5,291        

                                                          119    

                                                                 
ADMINISTRATIVE PENALTY.  THE ADMINISTRATIVE PENALTY SHALL BE IN                 

AN AMOUNT DETERMINED BY THE SUPERINTENDENT, BUT THE                5,293        

ADMINISTRATIVE PENALTY SHALL NOT EXCEED ONE HUNDRED THOUSAND       5,294        

DOLLARS PER VIOLATION.  ADDITIONALLY, THE SUPERINTENDENT MAY       5,295        

REQUIRE THE HEALTH INSURING CORPORATION TO CORRECT ANY DEFICIENCY  5,297        

THAT MAY BE THE BASIS FOR THE SUSPENSION OR REVOCATION OF THE      5,298        

HEALTH INSURING CORPORATION'S CERTIFICATE OF AUTHORITY.  ALL       5,299        

PENALTIES COLLECTED SHALL BE PAID INTO THE STATE TREASURY TO THE   5,300        

CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING FUND.              5,301        

      (B)  IF THE SUPERINTENDENT OR THE DIRECTOR OF HEALTH FOR     5,304        

ANY REASON HAS CAUSE TO BELIEVE THAT ANY VIOLATION OF THIS         5,305        

CHAPTER HAS OCCURRED OR IS THREATENED, THE SUPERINTENDENT OR THE   5,306        

DIRECTOR MAY GIVE NOTICE TO THE HEALTH INSURING CORPORATION AND    5,307        

TO THE REPRESENTATIVES OR OTHER PERSONS WHO APPEAR TO BE INVOLVED  5,308        

IN THE SUSPECTED VIOLATION TO ARRANGE A CONFERENCE WITH THE        5,309        

SUSPECTED VIOLATORS OR THEIR AUTHORIZED REPRESENTATIVES FOR THE    5,310        

PURPOSE OF ATTEMPTING TO ASCERTAIN THE FACTS RELATING TO THE       5,311        

SUSPECTED VIOLATION, AND, IF IT APPEARS THAT ANY VIOLATION HAS     5,312        

OCCURRED OR IS THREATENED, TO ARRIVE AT AN ADEQUATE AND EFFECTIVE  5,314        

MEANS OF CORRECTING OR PREVENTING THE VIOLATION.                                

      PROCEEDINGS UNDER THIS DIVISION SHALL NOT BE COVERED BY ANY  5,317        

FORMAL PROCEDURAL REQUIREMENTS, AND MAY BE CONDUCTED IN THE                     

MANNER THE SUPERINTENDENT OR THE DIRECTOR OF HEALTH MAY CONSIDER   5,318        

APPROPRIATE UNDER THE CIRCUMSTANCES.                               5,319        

      (C)(1)  THE SUPERINTENDENT MAY ISSUE AN ORDER DIRECTING A    5,322        

HEALTH INSURING CORPORATION OR A REPRESENTATIVE OF THE HEALTH      5,323        

INSURING CORPORATION TO CEASE AND DESIST FROM ENGAGING IN ANY ACT  5,324        

OR PRACTICE IN VIOLATION OF THIS CHAPTER.  WITHIN THIRTY DAYS      5,325        

AFTER SERVICE OF THE ORDER TO CEASE AND DESIST, THE RESPONDENT     5,326        

MAY REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS OR           5,327        

PRACTICES IN VIOLATION OF THIS CHAPTER HAVE OCCURRED.  SUCH        5,328        

HEARINGS SHALL BE CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF     5,329        

THE REVISED CODE AND JUDICIAL REVIEW SHALL BE AVAILABLE AS         5,331        

PROVIDED BY THAT CHAPTER.                                                       

                                                          120    

                                                                 
      (2)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   5,333        

THAT AN ORDER ISSUED PURSUANT TO THIS DIVISION HAS BEEN VIOLATED   5,334        

IN WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY   5,335        

GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR        5,336        

PROCEEDING IN THE NAME OF THE STATE AGAINST THE VIOLATORS IN THE   5,337        

COURT OF COMMON PLEAS OF FRANKLIN COUNTY.  THE COURT IN ANY SUCH   5,340        

ACTION OR PROCEEDING MAY LEVY CIVIL PENALTIES, NOT TO EXCEED ONE   5,341        

HUNDRED THOUSAND DOLLARS PER VIOLATION, IN ADDITION TO ANY OTHER   5,342        

APPROPRIATE RELIEF, INCLUDING REQUIRING A VIOLATOR TO PAY THE      5,343        

EXPENSES REASONABLY INCURRED BY THE SUPERINTENDENT IN ENFORCING    5,344        

THE ORDER.  THE PENALTIES AND FEES COLLECTED UNDER THIS DIVISION   5,345        

SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE         5,346        

DEPARTMENT OF INSURANCE OPERATING FUND.                                         

      Sec. 1751.46.  (A)  THE SUPERINTENDENT OF INSURANCE AND THE  5,349        

DIRECTOR OF HEALTH MAY CONTRACT WITH QUALIFIED PERSONS TO MAKE     5,350        

RECOMMENDATIONS CONCERNING THE DETERMINATIONS REQUIRED TO BE MADE  5,351        

BY THE SUPERINTENDENT OR THE DIRECTOR RELATIVE TO AN EXPANSION OF  5,352        

A SERVICE AREA PURSUANT TO DIVISION (C) OF SECTION 1751.03 OF THE  5,354        

REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF AUTHORITY        5,356        

PURSUANT TO SECTIONS 1751.04 AND 1751.05 OF THE REVISED CODE, A    5,358        

CONTRACTUAL PERIODIC PREPAYMENT OR PREMIUM RATE PURSUANT TO        5,359        

SECTION 1751.12 OF THE REVISED CODE, AND AN EXAMINATION PURSUANT   5,361        

TO DIVISION (B) OF SECTION 1751.34 OF THE REVISED CODE.  THE       5,363        

RECOMMENDATIONS MAY BE ACCEPTED IN FULL OR IN PART, OR MAY BE      5,364        

REJECTED, BY THE SUPERINTENDENT OR DIRECTOR.                       5,365        

      (B)  NO QUALIFIED PERSON PLACED ON CONTRACT BY THE           5,368        

SUPERINTENDENT OR THE DIRECTOR PURSUANT TO DIVISION (A) OF THIS    5,370        

SECTION SHALL HAVE A CONFLICT OF INTEREST WITH THE DEPARTMENT OF   5,371        

INSURANCE, THE DEPARTMENT OF HEALTH, OR THE HEALTH INSURING        5,372        

CORPORATION.                                                                    

      Sec. 1751.47.  (A)  THE SUPERINTENDENT OF INSURANCE SHALL    5,374        

ADOPT THE FORMS, INSTRUCTIONS, AND MANUALS PRESCRIBED BY THE       5,376        

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS FOR THE            5,377        

PREPARATION AND FILING OF STATUTORY FINANCIAL STATEMENTS AND       5,378        

                                                          121    

                                                                 
OTHER FINANCIAL INFORMATION.  HOWEVER, THE SUPERINTENDENT MAY BY   5,379        

RULE ADOPT MODIFICATIONS TO SUCH PRESCRIBED FORMS, INSTRUCTIONS,   5,380        

AND MANUALS AS THE SUPERINTENDENT CONSIDERS TO BE NECESSARY.       5,381        

      (B)  FOR PURPOSES OF PREPARING STATUTORY FINANCIAL           5,384        

STATEMENTS AND OTHER FINANCIAL INFORMATION INVOLVING               5,385        

CIRCUMSTANCES NOT ADDRESSED BY THE FORMS, INSTRUCTIONS, AND        5,386        

MANUALS PRESCRIBED BY THE NATIONAL ASSOCIATION OF INSURANCE        5,387        

COMMISSIONERS, THE SUPERINTENDENT MAY DETERMINE ACCOUNTING         5,388        

PRACTICES AND METHODS TO BE USED BY HEALTH INSURING CORPORATIONS.  5,389        

      (C)  THE SUPERINTENDENT SHALL FURNISH EACH DOMESTIC HEALTH   5,392        

INSURING CORPORATION A COPY OF THE FORMS FOR THE FILING OF THOSE   5,393        

STATUTORY FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION AS  5,394        

THE CORPORATION IS REQUIRED TO FILE WITH THE SUPERINTENDENT.       5,395        

      Sec. 1751.48.  (A)  THE SUPERINTENDENT OF INSURANCE MAY      5,398        

ADOPT RULES AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS   5,399        

CHAPTER.  THESE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER  5,400        

119. OF THE REVISED CODE.                                          5,401        

      (B)  THE DIRECTOR OF HEALTH MAY MAKE RECOMMENDATIONS TO THE  5,404        

SUPERINTENDENT FOR RULES THAT ARE NECESSARY TO ENABLE THE          5,405        

DIRECTOR TO CARRY OUT THE DIRECTOR'S RESPONSIBILITIES UNDER THIS   5,406        

CHAPTER, INCLUDING RULES THAT PRESCRIBE STANDARDS RELATING TO THE  5,407        

REQUIREMENTS SET FORTH IN DIVISION (B) OF SECTION 1751.04 OF THE   5,409        

REVISED CODE.  IN ADOPTING ANY RULES PERTAINING TO THE DIRECTOR'S  5,411        

RESPONSIBILITIES, THE SUPERINTENDENT SHALL CONSIDER THE            5,412        

RECOMMENDATIONS OF THE DIRECTOR.                                   5,413        

      Sec. 1751.51.  IF A HEALTH CARE PLAN OF A HEALTH INSURING    5,415        

CORPORATION COVERS HEALTH CARE SERVICES THAT MAY BE LEGALLY        5,416        

PERFORMED BY A CLASS OF PROVIDERS REFERRED TO IN SECTION 3923.23   5,417        

OR 3923.231 OF THE REVISED CODE BUT WOULD RESTRICT AN ENROLLEE'S   5,420        

ABILITY TO RECEIVE THESE HEALTH CARE SERVICES FROM MEMBERS OF      5,421        

THAT CLASS IN ANY MANNER THAT DIFFERS FROM AN ENROLLEE'S ABILITY   5,422        

UNDER THE HEALTH CARE PLAN TO RECEIVE THESE HEALTH CARE SERVICES   5,423        

FROM ANY OTHER CLASS OF PROVIDERS THAT MAY LEGALLY PERFORM THESE   5,424        

HEALTH CARE SERVICES, THEN THE HEALTH INSURING CORPORATION SHALL   5,425        

                                                          122    

                                                                 
DO BOTH OF THE FOLLOWING:                                                       

      (A)  SET FORTH, WITHIN ANY EVIDENCE OF COVERAGE PERTAINING   5,428        

TO THE HEALTH CARE PLAN, UNDER A HEADING THAT READS "RESTRICTIONS  5,429        

ON CHOICE OF PROVIDERS," A CLEAR, CONCISE, AND COMPLETE STATEMENT  5,431        

OF THE RESTRICTION THAT CONFORMS TO THE REQUIREMENTS OF SECTION    5,432        

1751.11 OF THE REVISED CODE;                                       5,433        

      (B)  SET FORTH, WITHIN ANY SOLICITATION DOCUMENT PERTAINING  5,436        

TO THE HEALTH CARE PLAN AND WITHIN ANY SOLICITATION MATERIALS      5,437        

PERTAINING TO THE HEALTH CARE PLAN THAT THE HEALTH INSURING        5,438        

CORPORATION PROVIDES TO ANY EMPLOYER OR ANY EMPLOYEE BENEFIT       5,439        

FUND, UNDER A HEADING THAT READS "RESTRICTIONS ON CHOICE OF        5,440        

PROVIDERS," A CLEAR, CONCISE, AND COMPLETE STATEMENT OF THE        5,442        

RESTRICTION, SUCH STATEMENT BEING SUBJECT TO PRIOR APPROVAL BY     5,443        

THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH THE SAME FORM   5,444        

AND CONTENT REQUIREMENTS THAT ARE SPECIFIED IN SECTION 1751.11 OF  5,445        

THE REVISED CODE WITH REGARD TO EVIDENCE OF COVERAGE.              5,446        

      Sec. 1751.52.  (A)  ALL APPLICATIONS, FILINGS, AND REPORTS   5,449        

REQUIRED UNDER THIS CHAPTER SHALL BE TREATED AS PUBLIC DOCUMENTS   5,450        

AFTER THE DATE THE APPLICATION, FILING, OR REPORT BECOMES          5,451        

EFFECTIVE, REGARDLESS OF THE APPLICATION OF THE UNIFORM TRADE      5,452        

SECRETS ACT SET FORTH IN SECTIONS 1333.61 TO 1333.69 OF THE        5,454        

REVISED CODE.                                                                   

      (B)  ANY DATA OR INFORMATION PERTAINING TO THE DIAGNOSIS,    5,457        

TREATMENT, OR HEALTH OF ANY ENROLLEE OR APPLICANT FOR ENROLLMENT   5,458        

THAT IS OBTAINED BY THE HEALTH INSURING CORPORATION FROM THE       5,459        

ENROLLEE OR APPLICANT, OR FROM ANY HEALTH CARE FACILITY OR         5,460        

PROVIDER, SHALL BE HELD IN CONFIDENCE AND SHALL NOT BE DISCLOSED   5,461        

TO ANY PERSON EXCEPT UNDER ONE OF THE FOLLOWING CIRCUMSTANCES:     5,462        

      (1)  TO THE EXTENT THAT IT MAY BE NECESSARY TO CARRY OUT     5,464        

THE PURPOSES OF THIS CHAPTER;                                      5,465        

      (2)  UPON THE EXPRESS CONSENT OF THE ENROLLEE OR APPLICANT;  5,468        

      (3)  PURSUANT TO STATUTE OR COURT ORDER FOR THE PRODUCTION   5,470        

OF EVIDENCE;                                                       5,471        

      (4)  IN THE EVENT OF CLAIM LITIGATION BETWEEN SUCH PERSON    5,473        

                                                          123    

                                                                 
AND THE HEALTH INSURING CORPORATION WHEREIN SUCH DATA OR           5,474        

INFORMATION IS PERTINENT.                                          5,475        

      (C)  A HEALTH INSURING CORPORATION SHALL BE ENTITLED TO      5,478        

CLAIM ANY STATUTORY PRIVILEGES AGAINST DISCLOSURE UNDER DIVISION   5,479        

(B) OF THIS SECTION THAT THE FACILITY OR PROVIDER WHO FURNISHED    5,481        

THE DATA OR INFORMATION TO THE HEALTH INSURING CORPORATION IS      5,482        

ENTITLED TO CLAIM.                                                              

      Sec. 1751.53.  (A)  AS USED IN THIS SECTION:                 5,484        

      (1)  "GROUP CONTRACT" MEANS A GROUP HEALTH INSURING          5,486        

CORPORATION CONTRACT COVERING EMPLOYEES THAT MEETS EITHER OF THE   5,487        

FOLLOWING CONDITIONS:                                              5,488        

      (a)  THE CONTRACT WAS ISSUED BY AN ENTITY THAT, ON THE       5,491        

EFFECTIVE DATE OF THIS SECTION, HOLDS A CERTIFICATE OF AUTHORITY   5,492        

OR LICENSE TO OPERATE UNDER CHAPTER 1738. OR 1742. OF THE REVISED  5,494        

CODE, AND COVERS AN EMPLOYEE AT THE TIME THE EMPLOYEE'S            5,495        

EMPLOYMENT IS TERMINATED.                                                       

      (b)  THE CONTRACT IS DELIVERED, ISSUED FOR DELIVERY, OR      5,498        

RENEWED IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION     5,499        

AND COVERS AN EMPLOYEE AT THE TIME THE EMPLOYEE'S EMPLOYMENT IS    5,500        

TERMINATED.                                                                     

      (2)  "ELIGIBLE EMPLOYEE" MEANS AN EMPLOYEE TO WHOM ALL OF    5,502        

THE FOLLOWING APPLY:                                               5,503        

      (a)  THE EMPLOYEE HAS BEEN CONTINUOUSLY COVERED UNDER A      5,506        

GROUP CONTRACT OR UNDER THE CONTRACT AND ANY PRIOR SIMILAR GROUP   5,507        

COVERAGE REPLACED BY THE CONTRACT, DURING THE ENTIRE THREE-MONTH   5,508        

PERIOD PRECEDING THE TERMINATION OF THE EMPLOYEE'S EMPLOYMENT.     5,509        

      (b)  THE EMPLOYEE IS ENTITLED, AT THE TIME OF THE            5,512        

TERMINATION OF THIS EMPLOYMENT, TO UNEMPLOYMENT COMPENSATION       5,513        

BENEFITS UNDER CHAPTER 4141. OF THE REVISED CODE.                  5,514        

      (c)  THE EMPLOYEE IS NOT, AND DOES NOT BECOME, COVERED BY    5,517        

OR ELIGIBLE FOR COVERAGE BY MEDICARE UNDER TITLE XVIII OF THE      5,519        

"SOCIAL SECURITY ACT, "49 STAT. 620 (1935), 42 U.S.C.A. 301, AS    5,521        

AMENDED.                                                                        

      (d)  THE EMPLOYEE IS NOT, AND DOES NOT BECOME, COVERED BY    5,524        

                                                          124    

                                                                 
OR ELIGIBLE FOR COVERAGE BY ANY OTHER INSURED OR UNINSURED         5,525        

ARRANGEMENT THAT PROVIDES HOSPITAL, SURGICAL, OR MEDICAL COVERAGE  5,526        

FOR INDIVIDUALS IN A GROUP AND UNDER WHICH THE EMPLOYEE WAS NOT    5,527        

COVERED IMMEDIATELY PRIOR TO THE TERMINATION OF EMPLOYMENT.  A     5,528        

PERSON ELIGIBLE FOR CONTINUATION OF COVERAGE UNDER THIS SECTION,   5,529        

WHO IS ALSO ELIGIBLE FOR COVERAGE UNDER SECTION 3923.123 OF THE    5,531        

REVISED CODE, MAY ELECT EITHER COVERAGE, BUT NOT BOTH.  A PERSON   5,532        

WHO ELECTS CONTINUATION OF COVERAGE MAY ELECT ANY COVERAGE         5,533        

AVAILABLE UNDER SECTION 3923.123 OF THE REVISED CODE UPON THE      5,535        

TERMINATION OF THE CONTINUATION OF COVERAGE.                       5,536        

      (B)  A GROUP CONTRACT SHALL PROVIDE THAT ANY ELIGIBLE        5,539        

EMPLOYEE MAY CONTINUE THE COVERAGE UNDER THE CONTRACT, FOR THE     5,540        

EMPLOYEE AND THE EMPLOYEE'S ELIGIBLE DEPENDENTS, FOR A PERIOD OF   5,541        

SIX MONTHS AFTER THE DATE THAT THE GROUP COVERAGE WOULD OTHERWISE  5,542        

TERMINATE BY REASON OF THE TERMINATION OF THE EMPLOYEE'S           5,543        

EMPLOYMENT.  EACH CERTIFICATE OF COVERAGE ISSUED TO EMPLOYEES      5,544        

UNDER THE CONTRACT SHALL INCLUDE A NOTICE OF THE EMPLOYEE'S        5,545        

PRIVILEGE OF CONTINUATION.                                                      

      (C)  ALL OF THE FOLLOWING APPLY TO THE CONTINUATION OF       5,548        

GROUP COVERAGE REQUIRED UNDER DIVISION (B) OF THIS SECTION:        5,550        

      (1)  CONTINUATION NEED NOT INCLUDE ANY SUPPLEMENTAL HEALTH   5,552        

CARE SERVICES BENEFITS OR SPECIALTY HEALTH CARE SERVICES BENEFITS  5,553        

PROVIDED BY THE GROUP CONTRACT.                                    5,554        

      (2)  THE EMPLOYER SHALL NOTIFY THE EMPLOYEE OF THE RIGHT OF  5,557        

CONTINUATION AT THE TIME THE EMPLOYER NOTIFIES THE EMPLOYEE OF     5,558        

THE TERMINATION OF EMPLOYMENT.  THE NOTICE SHALL INFORM THE                     

EMPLOYEE OF THE AMOUNT OF CONTRIBUTION REQUIRED BY THE EMPLOYER    5,559        

UNDER DIVISION (C)(4) OF THIS SECTION.                             5,561        

      (3)  THE EMPLOYEE SHALL FILE A WRITTEN ELECTION OF           5,563        

CONTINUATION WITH THE EMPLOYER AND PAY THE EMPLOYER THE FIRST      5,564        

CONTRIBUTION REQUIRED UNDER DIVISION (C)(4) OF THIS SECTION.  THE  5,566        

REQUEST AND PAYMENT MUST BE RECEIVED BY THE EMPLOYER NO LATER      5,567        

THAN THE EARLIER OF ANY OF THE FOLLOWING DATES:                    5,568        

      (a)  THIRTY-ONE DAYS AFTER THE DATE ON WHICH THE EMPLOYEE'S  5,571        

                                                          125    

                                                                 
COVERAGE WOULD OTHERWISE TERMINATE;                                5,572        

      (b)  TEN DAYS AFTER THE DATE ON WHICH THE EMPLOYEE'S         5,575        

COVERAGE WOULD OTHERWISE TERMINATE, IF THE EMPLOYER HAS NOTIFIED   5,576        

THE EMPLOYEE OF THE RIGHT OF CONTINUATION PRIOR TO THIS DATE;      5,577        

      (c)  TEN DAYS AFTER THE EMPLOYER NOTIFIES THE EMPLOYEE OF    5,580        

THE RIGHT OF CONTINUATION, IF THE NOTICE IS GIVEN AFTER THE DATE   5,581        

ON WHICH THE EMPLOYEE'S COVERAGE WOULD OTHERWISE TERMINATE.        5,582        

      (4)  THE EMPLOYEE MUST PAY TO THE EMPLOYER, ON A MONTHLY     5,584        

BASIS, IN ADVANCE, THE AMOUNT OF CONTRIBUTION REQUIRED BY THE      5,585        

EMPLOYER.  THE AMOUNT REQUIRED SHALL NOT EXCEED THE GROUP RATE     5,586        

FOR THE INSURANCE BEING CONTINUED UNDER THE POLICY ON THE DUE      5,587        

DATE OF EACH PAYMENT.                                              5,588        

      (5)  THE EMPLOYEE'S PRIVILEGE TO CONTINUE COVERAGE AND THE   5,590        

COVERAGE UNDER ANY CONTINUATION CEASES IF ANY OF THE FOLLOWING     5,591        

OCCURS:                                                            5,592        

      (a)  THE EMPLOYEE CEASES TO BE AN ELIGIBLE EMPLOYEE UNDER    5,594        

DIVISION (A)(2)(c) OR (d) OF THIS SECTION;                         5,596        

      (b)  A PERIOD OF SIX MONTHS EXPIRES AFTER THE DATE THAT THE  5,599        

EMPLOYEE'S COVERAGE UNDER THE GROUP CONTRACT WOULD OTHERWISE HAVE  5,600        

TERMINATED BECAUSE OF THE TERMINATION OF EMPLOYMENT;               5,601        

      (c)  THE EMPLOYEE FAILS TO MAKE A TIMELY PAYMENT OF A        5,604        

REQUIRED CONTRIBUTION, IN WHICH EVENT THE COVERAGE SHALL CEASE AT  5,605        

THE END OF THE COVERAGE FOR WHICH CONTRIBUTIONS WERE MADE;         5,606        

      (d)  THE GROUP CONTRACT IS TERMINATED, OR THE EMPLOYER       5,609        

TERMINATES PARTICIPATION UNDER THE CONTRACT, UNLESS THE EMPLOYER   5,610        

REPLACES THE COVERAGE BY SIMILAR COVERAGE UNDER ANOTHER CONTRACT   5,611        

OR OTHER GROUP HEALTH ARRANGEMENT.  IF THE EMPLOYER REPLACES THE   5,612        

CONTRACT WITH SIMILAR GROUP HEALTH COVERAGE, ALL OF THE FOLLOWING  5,613        

APPLY:                                                                          

      (i)  THE MEMBER SHALL BE COVERED UNDER THE REPLACEMENT       5,616        

COVERAGE, FOR THE BALANCE OF THE PERIOD THAT THE MEMBER WOULD      5,617        

HAVE REMAINED COVERED UNDER THE TERMINATED COVERAGE IF IT HAD NOT  5,618        

BEEN TERMINATED.                                                                

      (ii)  THE MINIMUM LEVEL OF BENEFITS UNDER THE REPLACEMENT    5,621        

                                                          126    

                                                                 
COVERAGE SHALL BE THE APPLICABLE LEVEL OF BENEFITS OF THE          5,622        

CONTRACT REPLACED REDUCED BY ANY BENEFITS PAYABLE UNDER THE        5,623        

CONTRACT REPLACED.                                                              

      (iii)  THE CONTRACT REPLACED SHALL CONTINUE TO PROVIDE       5,626        

BENEFITS TO THE EXTENT OF ITS ACCRUED LIABILITIES AND EXTENSIONS   5,627        

OF BENEFITS AS IF THE REPLACEMENT HAD NOT OCCURRED.                5,628        

      (D)  THIS SECTION DOES NOT APPLY TO ANY GROUP CONTRACT       5,631        

OFFERING ONLY SUPPLEMENTAL HEALTH CARE SERVICES OR SPECIALTY       5,632        

HEALTH CARE SERVICES.                                                           

      Sec. 1751.54.  (A)  AS USED IN THIS SECTION:                 5,634        

      (1)  "ELIGIBLE PERSON" MEANS ANY PERSON WHO, AT THE TIME A   5,636        

RESERVIST IS CALLED OR ORDERED TO ACTIVE DUTY, IS COVERED UNDER A  5,638        

GROUP CONTRACT AND IS EITHER OF THE FOLLOWING:                                  

      (a)  AN EMPLOYEE WHO IS A RESERVIST CALLED OR ORDERED TO     5,641        

ACTIVE DUTY;                                                                    

      (b)  THE SPOUSE OR A DEPENDENT CHILD OF AN EMPLOYEE          5,644        

DESCRIBED IN DIVISION (A)(1)(a) OF THIS SECTION.                   5,645        

      (2)  "GROUP CONTRACT" INCLUDES ANY GROUP HEALTH INSURING     5,647        

CORPORATION CONTRACT THAT SATISFIES ALL OF THE FOLLOWING:          5,648        

      (a)  THE CONTRACT IS DELIVERED, ISSUED FOR DELIVERY, OR      5,651        

RENEWED IN THIS STATE ON OR AFTER THE EFFECTIVE DATE OF THIS       5,652        

SECTION.                                                                        

      (b)  THE CONTRACT COVERS EMPLOYEES FOR HEALTH CARE           5,655        

SERVICES, INCLUDING BASIC HEALTH CARE SERVICES.                    5,656        

      (c)  THE CONTRACT IS IN EFFECT AND COVERS AN ELIGIBLE        5,659        

PERSON AT THE TIME A RESERVIST IS CALLED OR ORDERED TO ACTIVE      5,660        

DUTY.                                                                           

      (3)  "RESERVIST" MEANS A MEMBER OF A RESERVE COMPONENT OF    5,662        

THE ARMED FORCES OF THE UNITED STATES.  "RESERVIST" INCLUDES A     5,664        

MEMBER OF THE OHIO NATIONAL GUARD AND THE OHIO AIR NATIONAL        5,666        

GUARD.                                                             5,667        

      (B)  EVERY GROUP CONTRACT SHALL PROVIDE THAT ANY ELIGIBLE    5,670        

PERSON MAY CONTINUE THE COVERAGE UNDER THE CONTRACT FOR A PERIOD   5,671        

OF EIGHTEEN MONTHS AFTER THE DATE ON WHICH THE COVERAGE WOULD      5,672        

                                                          127    

                                                                 
OTHERWISE TERMINATE BECAUSE THE RESERVIST IS CALLED OR ORDERED TO  5,673        

ACTIVE DUTY.                                                                    

      (C)(1)  AN ELIGIBLE PERSON MAY EXTEND THE EIGHTEEN-MONTH     5,676        

PERIOD OF CONTINUATION OF COVERAGE TO A THIRTY-SIX-MONTH PERIOD    5,677        

OF CONTINUATION OF COVERAGE, IF ANY OF THE FOLLOWING OCCURS        5,678        

DURING THE EIGHTEEN-MONTH PERIOD:                                  5,679        

      (a)  THE DEATH OF THE RESERVIST;                             5,682        

      (b)  THE DIVORCE OR SEPARATION OF A RESERVIST FROM THE       5,685        

RESERVIST'S SPOUSE;                                                             

      (c)  THE CESSATION OF DEPENDENCY OF A CHILD PURSUANT TO THE  5,688        

TERMS OF THE CONTRACT.                                             5,689        

      (2)  THE THIRTY-SIX-MONTH PERIOD OF CONTINUATION OF          5,691        

COVERAGE IS DEEMED TO BEGIN ON THE DATE ON WHICH THE COVERAGE      5,692        

WOULD OTHERWISE TERMINATE BECAUSE THE RESERVIST IS CALLED OR       5,693        

ORDERED TO ACTIVE DUTY.                                            5,694        

      (3)  THE EMPLOYER MAY BEGIN THE THIRTY-SIX-MONTH PERIOD ON   5,696        

THE DATE OF ANY OCCURRENCE DESCRIBED IN DIVISION (C)(1) OF THIS    5,698        

SECTION.                                                                        

      (D)  ALL OF THE FOLLOWING APPLY TO ANY CONTINUATION OF       5,701        

COVERAGE, OR THE EXTENSION OF ANY CONTINUATION OF COVERAGE,        5,702        

PROVIDED UNDER DIVISION (B) OR (C) OF THIS SECTION:                5,704        

      (1)  THE CONTINUATION OF COVERAGE SHALL PROVIDE THE SAME     5,706        

BENEFITS AS THOSE PROVIDED TO ANY SIMILARLY SITUATED ELIGIBLE      5,707        

PERSON WHO IS COVERED UNDER THE SAME GROUP CONTRACT AND AN         5,708        

EMPLOYEE WHO HAS NOT BEEN CALLED OR ORDERED TO ACTIVE DUTY.        5,710        

      (2)  AN EMPLOYER SHALL NOTIFY EACH EMPLOYEE OF THE RIGHT OF  5,713        

CONTINUATION OF COVERAGE AT THE TIME OF EMPLOYMENT.  AT THE TIME   5,714        

THE RESERVIST IS CALLED OR ORDERED TO ACTIVE DUTY, THE EMPLOYER    5,715        

SHALL NOTIFY EACH ELIGIBLE PERSON OF THE REQUIREMENTS FOR THE      5,716        

CONTINUATION OF COVERAGE.                                                       

      (3)  EACH CERTIFICATE OF COVERAGE ISSUED BY A HEALTH         5,718        

INSURING CORPORATION TO AN EMPLOYEE UNDER THE GROUP CONTRACT       5,719        

SHALL INCLUDE A NOTICE OF THE ELIGIBLE PERSON'S RIGHT OF           5,720        

CONTINUATION OF COVERAGE.                                          5,721        

                                                          128    

                                                                 
      (4)  AN ELIGIBLE PERSON SHALL FILE A WRITTEN ELECTION OF     5,723        

CONTINUATION OF COVERAGE WITH THE EMPLOYER AND PAY THE EMPLOYER    5,724        

THE FIRST CONTRIBUTION REQUIRED UNDER DIVISION (D)(5) OF THIS      5,726        

SECTION.  THE WRITTEN ELECTION AND PAYMENT MUST BE RECEIVED BY     5,727        

THE EMPLOYER NO LATER THAN THIRTY-ONE DAYS AFTER THE DATE ON       5,728        

WHICH THE ELIGIBLE PERSON'S COVERAGE WOULD OTHERWISE TERMINATE.    5,729        

IF THE EMPLOYER NOTIFIES THE ELIGIBLE PERSON OF THE RIGHT OF       5,730        

CONTINUATION OF COVERAGE AFTER THE DATE ON WHICH THE ELIGIBLE      5,731        

PERSON'S COVERAGE WOULD OTHERWISE TERMINATE, THE WRITTEN ELECTION  5,732        

AND PAYMENT MUST BE RECEIVED BY THE EMPLOYER NO LATER THAN         5,733        

THIRTY-ONE DAYS AFTER THE DATE OF THE NOTIFICATION.                5,734        

      (5)(a)  EXCEPT AS PROVIDED IN DIVISION (D)(5)(b) OF THIS     5,737        

SECTION, THE ELIGIBLE PERSON SHALL PAY TO THE EMPLOYER, ON A       5,738        

MONTHLY BASIS AND IN ADVANCE, THE AMOUNT OF CONTRIBUTION REQUIRED  5,739        

BY THE EMPLOYER.  THE AMOUNT SHALL NOT EXCEED ONE HUNDRED TWO PER  5,740        

CENT OF THE GROUP RATE FOR THE COVERAGE BEING CONTINUED UNDER THE  5,741        

GROUP CONTRACT ON THE DUE DATE OF EACH PAYMENT.                    5,742        

      (b)  THE EMPLOYER MAY PAY A PORTION OR ALL OF THE ELIGIBLE   5,745        

PERSON'S CONTRIBUTION.                                                          

      (E)  THE ELIGIBLE PERSON'S RIGHT TO ANY CONTINUATION OF      5,748        

COVERAGE, OR THE EXTENSION OF ANY CONTINUATION OF COVERAGE,        5,749        

PROVIDED UNDER DIVISION (B) OR (C) OF THIS SECTION CEASES ON THE   5,752        

DATE ON WHICH ANY OF THE FOLLOWING OCCURS:                                      

      (1)  THE ELIGIBLE PERSON, WHETHER AS AN EMPLOYEE OR          5,754        

OTHERWISE, BECOMES COVERED BY ANOTHER GROUP CONTRACT OR OTHER      5,755        

GROUP HEALTH PLAN OR ARRANGEMENT THAT DOES NOT CONTAIN ANY         5,756        

EXCLUSION OR LIMITATION WITH RESPECT TO ANY PREEXISTING CONDITION  5,758        

OF THAT ELIGIBLE PERSON.  FOR PURPOSES OF DIVISION (E)(1) OF THIS  5,759        

SECTION, A GROUP CONTRACT OR OTHER GROUP HEALTH PLAN OR            5,760        

ARRANGEMENT DOES NOT INCLUDE THE CIVILIAN HEALTH AND MEDICAL       5,761        

PROGRAM OF THE UNIFORMED SERVICES AS DEFINED IN PUBLIC LAW         5,763        

99-661, 100 STAT. 3898 (1986), 10 U.S.C.A. 1072.                   5,765        

      (2)  THE PERIOD OF EITHER EIGHTEEN MONTHS PROVIDED UNDER     5,767        

DIVISION (B) OF THIS SECTION OR THIRTY-SIX MONTHS PROVIDED UNDER   5,769        

                                                          129    

                                                                 
DIVISION (C) OF THIS SECTION EXPIRES.                              5,771        

      (3)  THE ELIGIBLE PERSON FAILS TO MAKE A TIMELY PAYMENT OF   5,773        

A REQUIRED CONTRIBUTION, IN WHICH CASE THE COVERAGE CEASES AT THE  5,775        

END OF THE PERIOD OF COVERAGE FOR WHICH CONTRIBUTIONS WERE MADE.   5,776        

      (4)  THE GROUP CONTRACT, OR PARTICIPATION UNDER THE GROUP    5,778        

CONTRACT, IS TERMINATED, UNLESS THE EMPLOYER, IN ACCORDANCE WITH   5,779        

DIVISION (F) OF THIS SECTION, REPLACES THE COVERAGE WITH SIMILAR   5,781        

COVERAGE UNDER ANOTHER GROUP CONTRACT OR OTHER GROUP HEALTH PLAN   5,782        

OR ARRANGEMENT.                                                                 

      (F)  IF THE EMPLOYER REPLACES THE GROUP CONTRACT WITH        5,785        

SIMILAR COVERAGE AS DESCRIBED IN DIVISION (E)(4) OF THIS SECTION,  5,787        

BOTH OF THE FOLLOWING APPLY:                                                    

      (1)  THE ELIGIBLE PERSON IS COVERED UNDER THE REPLACEMENT    5,789        

COVERAGE FOR THE BALANCE OF THE PERIOD THAT THE PERSON WOULD HAVE  5,791        

REMAINED COVERED UNDER THE TERMINATED COVERAGE IF IT HAD NOT BEEN  5,792        

TERMINATED.                                                                     

      (2)  THE LEVEL OF BENEFITS UNDER THE REPLACEMENT COVERAGE    5,794        

IS THE SAME AS THE LEVEL OF BENEFITS PROVIDED TO ANY SIMILARLY     5,795        

SITUATED ELIGIBLE PERSON WHO IS COVERED UNDER THE GROUP CONTRACT   5,796        

AND AN EMPLOYEE WHO HAS NOT BEEN CALLED OR ORDERED TO ACTIVE       5,797        

DUTY.                                                              5,798        

      (G)  UPON THE RESERVIST'S RELEASE FROM ACTIVE DUTY AND THE   5,801        

RESERVIST'S RETURN TO EMPLOYMENT FOR THE EMPLOYER BY WHOM THE      5,802        

RESERVIST WAS EMPLOYED AT THE TIME THE RESERVIST WAS CALLED OR     5,803        

ORDERED TO ACTIVE DUTY, BOTH OF THE FOLLOWING APPLY:               5,804        

      (1)  EVERY ELIGIBLE PERSON IS ENTITLED, WITHOUT ANY WAITING  5,807        

PERIOD, TO COVERAGE UNDER THE EMPLOYER'S GROUP CONTRACT THAT IS    5,808        

IN EFFECT AT THE TIME OF THE RESERVIST'S RETURN TO EMPLOYMENT.     5,809        

      (2)  EVERY ELIGIBLE PERSON IS ENTITLED TO ALL BENEFITS       5,811        

UNDER THE GROUP CONTRACT DESCRIBED IN DIVISION (G)(1) OF THIS      5,813        

SECTION FROM THE DATE OF THE ORIGINAL COVERAGE UNDER THE           5,814        

CONTRACT.                                                                       

      (H)(1)  NO HEALTH INSURING CORPORATION SHALL FAIL TO         5,817        

PROVIDE FOR A CONTINUATION OF COVERAGE, OR AN EXTENSION OF A       5,818        

                                                          130    

                                                                 
CONTINUATION OF COVERAGE, IN A GROUP CONTRACT AS REQUIRED BY AND   5,819        

IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH UNDER THIS   5,820        

SECTION.                                                                        

      (2)  NO HEALTH INSURING CORPORATION SHALL FAIL TO ISSUE A    5,822        

CERTIFICATE OF COVERAGE IN COMPLIANCE WITH DIVISION (D)(3) OF      5,824        

THIS SECTION.                                                                   

      (3)  NO EMPLOYER SHALL FAIL TO PROVIDE AN EMPLOYEE OR        5,826        

ELIGIBLE PERSON WITH NOTICE OF THE RIGHT TO A CONTINUATION OF      5,827        

COVERAGE UNDER A GROUP CONTRACT IN ACCORDANCE WITH DIVISION        5,829        

(D)(2) OF THIS SECTION.                                                         

      (I)  WHOEVER VIOLATES DIVISION (H)(1), (2), OR (3) OF THIS   5,833        

SECTION IS DEEMED TO HAVE ENGAGED IN AN UNFAIR AND DECEPTIVE ACT   5,834        

OR PRACTICE IN THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19    5,835        

TO 3901.26 OF THE REVISED CODE.                                    5,836        

      (J)  THIS SECTION DOES NOT APPLY TO ANY GROUP CONTRACT THAT  5,839        

IS SUBJECT TO SECTION 5923.051 OF THE REVISED CODE.                5,841        

      (K)  THIS SECTION DOES NOT APPLY TO ANY GROUP CONTRACT       5,844        

OFFERING ONLY SUPPLEMENTAL HEALTH CARE SERVICES OR SPECIALTY       5,845        

HEALTH CARE SERVICES.                                                           

      Sec. 1751.55.  A HEALTH INSURING CORPORATION POLICY,         5,847        

CONTRACT, OR AGREEMENT SHALL NOT BE CONSTRUED TO EXCLUDE ILLNESS   5,848        

OR INJURY UPON THE GROUND THAT THE SUBSCRIBER MIGHT HAVE ELECTED   5,849        

TO HAVE SUCH ILLNESS OR INJURY COVERED BY WORKERS' COMPENSATION    5,850        

UNDER DIVISION (A)(3) OF SECTION 4123.01 OF THE REVISED CODE       5,853        

UNLESS THE POLICY, CONTRACT, OR AGREEMENT CLEARLY EXCLUDES WORK    5,854        

OR OCCUPATIONAL RELATED ILLNESS OR INJURY, OR THE POLICY,          5,855        

CONTRACT, OR AGREEMENT, OR A SEPARATE WRITING SIGNED BY THE        5,856        

SUBSCRIBER, INFORMS THE SUBSCRIBER THAT SUCH COVERAGE IS EXCLUDED  5,857        

AND MAY BE AVAILABLE TO THE SUBSCRIBER UNDER WORKERS'              5,858        

COMPENSATION AS THE SOLE PROPRIETOR OF A BUSINESS, A MEMBER OF A   5,859        

PARTNERSHIP, OR AN OFFICER OF A FAMILY FARM CORPORATION.           5,860        

      Sec. 1751.56.  (A)  NO INDIVIDUAL OR GROUP HEALTH INSURING   5,863        

CORPORATION POLICY, CONTRACT, OR AGREEMENT SHALL BE DELIVERED,     5,864        

ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE, IF THE POLICY,      5,865        

                                                          131    

                                                                 
CONTRACT, OR AGREEMENT EXCLUDES OR REDUCES THE BENEFITS PAYABLE    5,866        

TO OR ON BEHALF OF AN INSURED BECAUSE BENEFITS ARE ALSO PAYABLE    5,867        

OR HAVE BEEN PAID UNDER A SUPPLEMENTAL SICKNESS AND ACCIDENT       5,868        

INSURANCE POLICY TO WHICH ALL OF THE FOLLOWING APPLY:              5,869        

      (1)  THE POLICY COVERS A SPECIFIED DISEASE OR A LIMITED      5,871        

PLAN OF COVERAGE.                                                  5,872        

      (2)  THE POLICY IS SPECIFICALLY DESIGNED, ADVERTISED,        5,874        

REPRESENTED, AND SOLD AS A SUPPLEMENT TO OTHER BASIC SICKNESS AND  5,876        

ACCIDENT INSURANCE COVERAGE.                                                    

      (3)  THE ENTIRE PREMIUM FOR THE POLICY IS PAID BY THE        5,878        

INSURED, THE INSURED'S FAMILY, OR THE INSURED'S GUARDIAN.          5,879        

      (B)  THIS SECTION APPLIES TO SUPPLEMENTAL SICKNESS AND       5,882        

ACCIDENT INSURANCE POLICIES IRRESPECTIVE OF THE MODE OR CHANNEL    5,883        

OF PREMIUM PAYMENT TO THE INSURER OR OF ANY REDUCTION IN THE       5,884        

PREMIUM BY VIRTUE OF THE INSURED'S MEMBERSHIP IN ANY HEALTH        5,885        

INSURING CORPORATION OR THE INSURED'S STATUS AS AN EMPLOYEE.       5,886        

      Sec. 1751.59.  (A)  NO INDIVIDUAL OR GROUP HEALTH INSURING   5,889        

CORPORATION POLICY, CONTRACT, OR AGREEMENT PROVIDING FAMILY        5,890        

COVERAGE MAY BE DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN      5,891        

THIS STATE, UNLESS THE POLICY, CONTRACT, OR AGREEMENT COVERS       5,892        

ADOPTED CHILDREN OF THE SUBSCRIBER ON THE SAME BASIS AS OTHER      5,893        

DEPENDENTS.                                                                     

      (B)  THE COVERAGE REQUIRED BY THIS SECTION IS SUBJECT TO     5,896        

THE REQUIREMENTS AND RESTRICTIONS SET FORTH IN SECTION 3924.51 OF  5,897        

THE REVISED CODE.  COVERAGE FOR DEPENDENT CHILDREN LIVING OUTSIDE  5,900        

THE HEALTH INSURING CORPORATION'S APPROVED SERVICE AREA MUST BE    5,901        

PROVIDED IF A COURT ORDER REQUIRES THE SUBSCRIBER TO PROVIDE       5,902        

HEALTH CARE COVERAGE.                                                           

      Sec. 1751.60.  (A)  EXCEPT AS PROVIDED FOR IN DIVISIONS (E)  5,905        

AND (F) OF THIS SECTION, EVERY PROVIDER OR HEALTH CARE FACILITY    5,907        

THAT CONTRACTS WITH A HEALTH INSURING CORPORATION TO PROVIDE       5,908        

HEALTH CARE SERVICES TO THE HEALTH INSURING CORPORATION'S          5,909        

ENROLLEES OR SUBSCRIBERS SHALL SEEK COMPENSATION FOR COVERED       5,910        

SERVICES SOLELY FROM THE HEALTH INSURING CORPORATION AND NOT,      5,911        

                                                          132    

                                                                 
UNDER ANY CIRCUMSTANCES, FROM THE ENROLLEES OR SUBSCRIBERS,        5,912        

EXCEPT FOR APPROVED DEDUCTIBLES AND COPAYMENTS.                    5,913        

      (B)  NO SUBSCRIBER OR ENROLLEE OF A HEALTH INSURING          5,916        

CORPORATION IS LIABLE TO ANY CONTRACTING PROVIDER OR HEALTH CARE   5,917        

FACILITY FOR THE COST OF ANY COVERED HEALTH CARE SERVICES, IF THE  5,918        

SUBSCRIBER OR ENROLLEE HAS ACTED IN ACCORDANCE WITH THE EVIDENCE   5,919        

OF COVERAGE.                                                                    

      (C)  EXCEPT AS PROVIDED FOR IN DIVISIONS (E) AND (F) OF      5,923        

THIS SECTION, EVERY CONTRACT BETWEEN A HEALTH INSURING             5,924        

CORPORATION AND PROVIDER OR HEALTH CARE FACILITY SHALL CONTAIN A   5,925        

PROVISION APPROVED BY THE SUPERINTENDENT OF INSURANCE REQUIRING    5,926        

THE PROVIDER OR HEALTH CARE FACILITY TO SEEK COMPENSATION SOLELY   5,927        

FROM THE HEALTH INSURING CORPORATION AND NOT, UNDER ANY            5,928        

CIRCUMSTANCES, FROM THE SUBSCRIBER OR ENROLLEE, EXCEPT FOR         5,929        

APPROVED DEDUCTIBLES AND COPAYMENTS.                               5,930        

      (D)  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS           5,933        

PREVENTING A PROVIDER OR HEALTH CARE FACILITY FROM BILLING THE     5,934        

ENROLLEE OR SUBSCRIBER OF A HEALTH INSURING CORPORATION FOR        5,935        

NONCOVERED SERVICES.                                                            

      (E)  UPON APPLICATION BY A HEALTH INSURING CORPORATION AND   5,938        

A PROVIDER OR HEALTH CARE FACILITY, THE SUPERINTENDENT MAY WAIVE   5,939        

THE REQUIREMENTS OF DIVISIONS (A) AND (C) OF THIS SECTION WHEN,    5,941        

IN ADDITION TO THE RESERVE REQUIREMENTS CONTAINED IN SECTION       5,942        

1751.28 OF THE REVISED CODE, THE HEALTH INSURING CORPORATION       5,945        

PROVIDES SUFFICIENT ASSURANCES TO THE SUPERINTENDENT THAT THE      5,946        

PROVIDER OR HEALTH CARE FACILITY HAS BEEN PROVIDED WITH FINANCIAL  5,947        

GUARANTEES.  NO WAIVER OF THE REQUIREMENTS OF DIVISIONS (A) AND    5,949        

(C) OF THIS SECTION IS EFFECTIVE AS TO ENROLLEES OR SUBSCRIBERS    5,950        

FOR WHOM THE HEALTH INSURING CORPORATION IS COMPENSATED UNDER A    5,951        

PROVIDER AGREEMENT OR RISK CONTRACT ENTERED INTO PURSUANT TO       5,953        

CHAPTER 5111. OR 5115. OF THE REVISED CODE.                        5,955        

      (F)  THE REQUIREMENTS OF DIVISIONS (A) TO (C) OF THIS        5,959        

SECTION APPLY ONLY TO HEALTH CARE SERVICES PROVIDED TO AN          5,960        

ENROLLEE OR SUBSCRIBER PRIOR TO THE EFFECTIVE DATE OF A            5,961        

                                                          133    

                                                                 
TERMINATION OF A CONTRACT BETWEEN THE HEALTH INSURING CORPORATION  5,962        

AND THE PROVIDER OR HEALTH CARE FACILITY.                          5,963        

      Sec. 1751.61.  (A)  EACH INDIVIDUAL OR GROUP EVIDENCE OF     5,966        

COVERAGE THAT IS DELIVERED, ISSUED FOR DELIVERY, OR RENEWED BY A   5,967        

HEALTH INSURING CORPORATION IN THIS STATE, AND THAT PROVIDES       5,968        

COVERAGE FOR FAMILY MEMBERS OF A SUBSCRIBER, ALSO SHALL PROVIDE    5,969        

THAT COVERAGE APPLICABLE TO CHILDREN IS PAYABLE FROM THE MOMENT    5,970        

OF BIRTH WITH RESPECT TO A NEWLY BORN CHILD OF THE SUBSCRIBER OR   5,971        

SUBSCRIBER'S SPOUSE.                                               5,972        

      (B)  COVERAGE FOR A NEWLY BORN CHILD IS EFFECTIVE FOR A      5,975        

PERIOD OF THIRTY-ONE DAYS FROM THE DATE OF BIRTH.                  5,976        

      (C)  TO CONTINUE COVERAGE FOR A NEWLY BORN CHILD BEYOND THE  5,979        

THIRTY-ONE DAY PERIOD DESCRIBED IN DIVISION (B) OF THIS SECTION,   5,981        

THE SUBSCRIBER SHALL NOTIFY THE HEALTH INSURING CORPORATION        5,982        

WITHIN THAT PERIOD.                                                             

      (D)  IF PAYMENT OF A SPECIFIC PREMIUM RATE IS REQUIRED TO    5,985        

PROVIDE COVERAGE UNDER THIS SECTION FOR AN ADDITIONAL CHILD, THE   5,986        

EVIDENCE OF COVERAGE MAY REQUIRE THE SUBSCRIBER TO MAKE THIS       5,987        

PAYMENT TO THE HEALTH INSURING CORPORATION WITHIN THE THIRTY-ONE   5,988        

DAY PERIOD DESCRIBED IN DIVISION (B) OF THIS SECTION IN ORDER TO   5,990        

CONTINUE THE COVERAGE BEYOND THAT PERIOD.                          5,991        

      Sec. 1751.62.  (A)  AS USED IN THIS SECTION, "SCREENING      5,994        

MAMMOGRAPHY" MEANS A RADIOLOGIC EXAMINATION UTILIZED TO DETECT     5,995        

UNSUSPECTED BREAST CANCER AT AN EARLY STAGE IN AN ASYMPTOMATIC     5,996        

WOMAN AND INCLUDES THE X-RAY EXAMINATION OF THE BREAST USING       5,997        

EQUIPMENT THAT IS DEDICATED SPECIFICALLY FOR MAMMOGRAPHY,          5,998        

INCLUDING THE X-RAY TUBE, FILTER, COMPRESSION DEVICE, SCREENS,     5,999        

FILM, AND CASSETTES, AND THAT HAS AN AVERAGE RADIATION EXPOSURE    6,000        

DELIVERY OF LESS THAN ONE RAD MID-BREAST.  "SCREENING              6,001        

MAMMOGRAPHY" INCLUDES TWO VIEWS FOR EACH BREAST.  THE TERM ALSO    6,002        

INCLUDES THE PROFESSIONAL INTERPRETATION OF THE FILM.              6,003        

      "SCREENING MAMMOGRAPHY" DOES NOT INCLUDE DIAGNOSTIC          6,005        

MAMMOGRAPHY.                                                       6,006        

      (B)  EVERY INDIVIDUAL OR GROUP HEALTH INSURING CORPORATION   6,009        

                                                          134    

                                                                 
POLICY, CONTRACT, OR AGREEMENT PROVIDING BASIC HEALTH CARE         6,010        

SERVICES THAT IS DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN     6,011        

THIS STATE SHALL PROVIDE BENEFITS FOR THE EXPENSES OF BOTH OF THE  6,012        

FOLLOWING:                                                         6,013        

      (1)  SCREENING MAMMOGRAPHY TO DETECT THE PRESENCE OF BREAST  6,016        

CANCER IN ADULT WOMEN;                                                          

      (2)  CYTOLOGIC SCREENING FOR THE PRESENCE OF CERVICAL        6,018        

CANCER.                                                            6,019        

      (C)  THE BENEFITS PROVIDED UNDER DIVISION (B)(1) OF THIS     6,023        

SECTION SHALL COVER EXPENSES IN ACCORDANCE WITH ALL OF THE         6,024        

FOLLOWING:                                                                      

      (1)  IF A WOMAN IS AT LEAST THIRTY-FIVE YEARS OF AGE BUT     6,026        

UNDER FORTY YEARS OF AGE, ONE SCREENING MAMMOGRAPHY;               6,027        

      (2)  IF A WOMAN IS AT LEAST FORTY YEARS OF AGE BUT UNDER     6,029        

FIFTY YEARS OF AGE, EITHER OF THE FOLLOWING:                       6,030        

      (a)  ONE SCREENING MAMMOGRAPHY EVERY TWO YEARS;              6,033        

      (b)  IF A LICENSED PHYSICIAN HAS DETERMINED THAT THE WOMAN   6,036        

HAS RISK FACTORS TO BREAST CANCER, ONE SCREENING MAMMOGRAPHY       6,037        

EVERY YEAR.                                                                     

      (3)  IF A WOMAN IS AT LEAST FIFTY YEARS OF AGE BUT UNDER     6,039        

SIXTY-FIVE YEARS OF AGE, ONE SCREENING MAMMOGRAPHY EVERY YEAR.     6,041        

      (D)(1)  THE BENEFITS PROVIDED UNDER DIVISION (B)(1) OF THIS  6,045        

SECTION SHALL NOT EXCEED EIGHTY-FIVE DOLLARS PER YEAR UNLESS A     6,046        

LOWER AMOUNT IS ESTABLISHED PURSUANT TO A PROVIDER CONTRACT.       6,047        

      (2)  THE BENEFIT PAID IN ACCORDANCE WITH DIVISION (D)(1) OF  6,050        

THIS SECTION SHALL CONSTITUTE FULL PAYMENT.  NO INSTITUTIONAL OR   6,051        

PROFESSIONAL HEALTH CARE PROVIDER SHALL SEEK OR RECEIVE            6,052        

REMUNERATION IN EXCESS OF THE PAYMENT MADE IN ACCORDANCE WITH      6,053        

DIVISION (D)(1) OF THIS SECTION, EXCEPT FOR APPROVED DEDUCTIBLES   6,055        

AND COPAYMENTS.                                                                 

      (E)  THE BENEFITS PROVIDED UNDER DIVISION (B)(1) OF THIS     6,059        

SECTION SHALL BE PROVIDED ONLY FOR SCREENING MAMMOGRAPHIES THAT    6,060        

ARE PERFORMED IN A HEALTH CARE FACILITY OR MOBILE MAMMOGRAPHY      6,061        

SCREENING UNIT THAT IS ACCREDITED UNDER THE AMERICAN COLLEGE OF    6,062        

                                                          135    

                                                                 
RADIOLOGY MAMMOGRAPHY ACCREDITATION PROGRAM OR IN A HOSPITAL AS    6,063        

DEFINED IN SECTION 3727.01 OF THE REVISED CODE.                    6,065        

      (F)  THE BENEFITS PROVIDED UNDER DIVISIONS (B)(1) AND (2)    6,069        

OF THIS SECTION SHALL BE PROVIDED ACCORDING TO THE TERMS OF THE    6,070        

SUBSCRIBER CONTRACT.                                                            

      (G)  THE BENEFITS PROVIDED UNDER DIVISION (B)(2) OF THIS     6,074        

SECTION SHALL BE PROVIDED ONLY FOR CYTOLOGIC SCREENINGS THAT ARE   6,075        

PROCESSED AND INTERPRETED IN A LABORATORY CERTIFIED BY THE         6,076        

COLLEGE OF AMERICAN PATHOLOGISTS OR IN A HOSPITAL AS DEFINED IN    6,077        

SECTION 3727.01 OF THE REVISED CODE.                               6,079        

      Sec. 1751.63.  SECTIONS 3923.41 TO 3923.48 OF THE REVISED    6,082        

CODE APPLY TO EVERY HEALTH INSURING CORPORATION THAT OFFERS        6,083        

LONG-TERM CARE AND THAT HOLDS A CERTIFICATE OF AUTHORITY UNDER     6,084        

THIS CHAPTER.                                                                   

      Sec. 1751.64.  (A)  AS USED IN THIS SECTION, "GENETIC        6,087        

SCREENING OR TESTING" MEANS A LABORATORY TEST OF A PERSON'S GENES  6,088        

OR CHROMOSOMES FOR ABNORMALITIES, DEFECTS, OR DEFICIENCIES,        6,089        

INCLUDING CARRIER STATUS, THAT ARE LINKED TO PHYSICAL OR MENTAL    6,090        

DISORDERS OR IMPAIRMENTS, OR THAT INDICATE A SUSCEPTIBILITY TO     6,091        

ILLNESS, DISEASE, OR OTHER DISORDERS, WHETHER PHYSICAL OR MENTAL,  6,092        

WHICH TEST IS A DIRECT TEST FOR ABNORMALITIES, DEFECTS, OR         6,093        

DEFICIENCIES, AND NOT AN INDIRECT MANIFESTATION OF GENETIC         6,094        

DISORDERS.                                                                      

      (B)  NO HEALTH INSURING CORPORATION, IN PROCESSING AN        6,097        

APPLICATION FOR COVERAGE FOR HEALTH CARE SERVICES UNDER AN         6,098        

INDIVIDUAL OR GROUP HEALTH INSURING CORPORATION POLICY, CONTRACT,  6,099        

OR AGREEMENT OR IN DETERMINING INSURABILITY UNDER SUCH A POLICY,   6,100        

CONTRACT, OR AGREEMENT, SHALL DO ANY OF THE FOLLOWING:             6,101        

      (1)  REQUIRE AN INDIVIDUAL SEEKING COVERAGE TO SUBMIT TO     6,103        

GENETIC SCREENING OR TESTING;                                      6,104        

      (2)  TAKE INTO CONSIDERATION, OTHER THAN IN ACCORDANCE WITH  6,107        

DIVISION (F) OF THIS SECTION, THE RESULTS OF GENETIC SCREENING OR  6,108        

TESTING;                                                                        

      (3)  MAKE ANY INQUIRY TO DETERMINE THE RESULTS OF GENETIC    6,110        

                                                          136    

                                                                 
SCREENING OR TESTING;                                              6,111        

      (4)  MAKE A DECISION ADVERSE TO THE APPLICANT BASED ON       6,113        

ENTRIES IN MEDICAL RECORDS OR OTHER REPORTS OF GENETIC SCREENING   6,114        

OR TESTING.                                                        6,115        

      (C)  IN DEVELOPING AND ASKING QUESTIONS REGARDING MEDICAL    6,118        

HISTORIES OF APPLICANTS FOR COVERAGE UNDER AN INDIVIDUAL OR GROUP  6,119        

HEALTH INSURING CORPORATION POLICY, CONTRACT, OR AGREEMENT, NO     6,120        

HEALTH INSURING CORPORATION SHALL ASK FOR THE RESULTS OF GENETIC   6,121        

SCREENING OR TESTING OR ASK QUESTIONS DESIGNED TO ASCERTAIN THE    6,122        

RESULTS OF GENETIC SCREENING OR TESTING.                           6,123        

      (D)  NO HEALTH INSURING CORPORATION SHALL CANCEL OR REFUSE   6,126        

TO ISSUE OR RENEW COVERAGE FOR HEALTH CARE SERVICES BASED ON THE   6,127        

RESULTS OF GENETIC SCREENING OR TESTING.                           6,128        

      (E)  NO HEALTH INSURING CORPORATION SHALL DELIVER, ISSUE     6,131        

FOR DELIVERY, OR RENEW AN INDIVIDUAL OR GROUP POLICY, CONTRACT,    6,132        

OR AGREEMENT IN THIS STATE THAT LIMITS BENEFITS BASED ON THE       6,133        

RESULTS OF GENETIC SCREENING OR TESTING.                           6,134        

      (F)  A HEALTH INSURING CORPORATION MAY CONSIDER THE RESULTS  6,137        

OF GENETIC SCREENING OR TESTING IF THE RESULTS ARE VOLUNTARILY     6,138        

SUBMITTED BY AN APPLICANT FOR COVERAGE OR RENEWAL OF COVERAGE AND  6,139        

THE RESULTS ARE FAVORABLE TO THE APPLICANT.                        6,140        

      (G)  A VIOLATION OF THIS SECTION IS AN UNFAIR AND DECEPTIVE  6,143        

ACT OR PRACTICE IN THE BUSINESS OF INSURANCE UNDER SECTIONS        6,144        

3901.19 TO 3901.26 OF THE REVISED CODE.                            6,146        

      Sec. 1751.65.  (A)  AS USED IN THIS SECTION, "GENETIC        6,149        

SCREENING OR TESTING" MEANS A LABORATORY TEST OF A PERSON'S GENES  6,150        

OR CHROMOSOMES FOR ABNORMALITIES, DEFECTS, OR DEFICIENCIES,        6,151        

INCLUDING CARRIER STATUS, THAT ARE LINKED TO PHYSICAL OR MENTAL    6,152        

DISORDERS OR IMPAIRMENTS, OR THAT INDICATE A SUSCEPTIBILITY TO     6,153        

ILLNESS, DISEASE, OR OTHER DISORDERS, WHETHER PHYSICAL OR MENTAL,  6,154        

WHICH TEST IS A DIRECT TEST FOR ABNORMALITIES, DEFECTS, OR         6,155        

DEFICIENCIES, AND NOT AN INDIRECT MANIFESTATION OF GENETIC         6,156        

DISORDERS.                                                         6,157        

      (B)  UPON THE REPEAL OF SECTION 1751.64 OF THE REVISED       6,161        

                                                          137    

                                                                 
CODE, NO HEALTH INSURING CORPORATION SHALL DO EITHER OF THE        6,162        

FOLLOWING:                                                                      

      (1)  CONSIDER, IN A MANNER ADVERSE TO AN APPLICANT OR        6,164        

INSURED, ANY INFORMATION OBTAINED FROM GENETIC SCREENING OR        6,165        

TESTING CONDUCTED PRIOR TO THE REPEAL OF SECTION 1751.64 OF THE    6,167        

REVISED CODE IN PROCESSING AN APPLICATION FOR COVERAGE FOR HEALTH  6,169        

CARE SERVICES UNDER AN INDIVIDUAL OR GROUP POLICY, CONTRACT, OR    6,170        

AGREEMENT OR IN DETERMINING INSURABILITY UNDER SUCH A POLICY,      6,171        

CONTRACT, OR AGREEMENT;                                            6,172        

      (2)  INQUIRE, DIRECTLY OR INDIRECTLY, INTO THE RESULTS OF    6,174        

GENETIC SCREENING OR TESTING CONDUCTED PRIOR TO THE REPEAL OF      6,175        

SECTION 1751.64 OF THE REVISED CODE, OR USE SUCH INFORMATION, IN   6,178        

WHOLE OR IN PART, TO CANCEL, REFUSE TO ISSUE OR RENEW, OR LIMIT    6,179        

BENEFITS UNDER, AN INDIVIDUAL OR GROUP POLICY, CONTRACT, OR        6,180        

AGREEMENT.                                                                      

      (C)  ANY HEALTH INSURING CORPORATION THAT HAS ENGAGED IN,    6,183        

IS ENGAGED IN, OR IS ABOUT TO ENGAGE IN A VIOLATION OF DIVISION    6,185        

(B) OF THIS SECTION IS SUBJECT TO THE JURISDICTION OF THE          6,186        

SUPERINTENDENT OF INSURANCE UNDER SECTION 3901.04 OF THE REVISED   6,187        

CODE.                                                                           

      Sec. 1751.66.  (A)  NO INDIVIDUAL OR GROUP HEALTH INSURING   6,190        

CORPORATION POLICY, CONTRACT, OR AGREEMENT THAT PROVIDES COVERAGE  6,191        

FOR PRESCRIPTION DRUGS SHALL LIMIT OR EXCLUDE COVERAGE FOR ANY     6,192        

DRUG APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION    6,193        

ON THE BASIS THAT THE DRUG HAS NOT BEEN APPROVED BY THE UNITED     6,194        

STATES FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OF THE       6,195        

PARTICULAR INDICATION FOR WHICH THE DRUG HAS BEEN PRESCRIBED,      6,196        

PROVIDED THE DRUG HAS BEEN RECOGNIZED AS SAFE AND EFFECTIVE FOR    6,197        

TREATMENT OF THAT INDICATION IN ONE OR MORE OF THE STANDARD        6,198        

MEDICAL REFERENCE COMPENDIA SPECIFIED IN DIVISION (B)(1) OF THIS   6,200        

SECTION OR IN MEDICAL LITERATURE THAT MEETS THE CRITERIA           6,201        

SPECIFIED IN DIVISION (B)(2) OF THIS SECTION.                      6,202        

      (B)(1)  THE COMPENDIA ACCEPTED FOR PURPOSES OF DIVISION (A)  6,205        

OF THIS SECTION ARE THE FOLLOWING:                                              

                                                          138    

                                                                 
      (a)  THE "AMA DRUG EVALUATIONS," A PUBLICATION OF THE        6,208        

AMERICAN MEDICAL ASSOCIATION;                                                   

      (b)  THE "AHFS (AMERICAN HOSPITAL FORMULARY SERVICE) DRUG    6,211        

INFORMATION," A PUBLICATION OF THE AMERICAN SOCIETY OF HEALTH      6,212        

SYSTEM PHARMACISTS;                                                             

      (c)  "DRUG INFORMATION FOR THE HEALTH CARE PROVIDER," A      6,215        

PUBLICATION OF THE UNITED STATES PHARMACOPOEIA CONVENTION.         6,216        

      (2)  MEDICAL LITERATURE MAY BE ACCEPTED FOR PURPOSES OF      6,218        

DIVISION (A) OF THIS SECTION ONLY IF ALL OF THE FOLLOWING APPLY:   6,220        

      (a)  TWO ARTICLES FROM MAJOR PEER-REVIEWED PROFESSIONAL      6,223        

MEDICAL JOURNALS HAVE RECOGNIZED, BASED ON SCIENTIFIC OR MEDICAL   6,224        

CRITERIA, THE DRUG'S SAFETY AND EFFECTIVENESS FOR TREATMENT OF     6,225        

THE INDICATION FOR WHICH IT HAS BEEN PRESCRIBED;                   6,226        

      (b)  NO ARTICLE FROM A MAJOR PEER-REVIEWED PROFESSIONAL      6,229        

MEDICAL JOURNAL HAS CONCLUDED, BASED ON SCIENTIFIC OR MEDICAL      6,230        

CRITERIA, THAT THE DRUG IS UNSAFE OR INEFFECTIVE OR THAT THE       6,231        

DRUG'S SAFETY AND EFFECTIVENESS CANNOT BE DETERMINED FOR THE       6,232        

TREATMENT OF THE INDICATION FOR WHICH IT HAS BEEN PRESCRIBED;      6,233        

      (c)  EACH ARTICLE MEETS THE UNIFORM REQUIREMENTS FOR         6,236        

MANUSCRIPTS SUBMITTED TO BIOMEDICAL JOURNALS ESTABLISHED BY THE    6,237        

INTERNATIONAL COMMITTEE OF MEDICAL JOURNAL EDITORS OR IS           6,238        

PUBLISHED IN A JOURNAL SPECIFIED BY THE UNITED STATES DEPARTMENT   6,239        

OF HEALTH AND HUMAN SERVICES PURSUANT TO SECTION 1861(t)(2)(B) OF  6,240        

THE "SOCIAL SECURITY ACT," 107 STAT. 591 (1993), 42 U.S.C. 1395    6,243        

(x)(t)(2)(B), AS AMENDED, AS ACCEPTED PEER-REVIEWED MEDICAL        6,244        

LITERATURE.                                                                     

      (C)  COVERAGE OF A DRUG REQUIRED BY DIVISION (A) OF THIS     6,248        

SECTION INCLUDES MEDICALLY NECESSARY SERVICES ASSOCIATED WITH THE  6,249        

ADMINISTRATION OF THE DRUG.                                                     

      (D)  DIVISION (A) OF THIS SECTION SHALL NOT BE CONSTRUED TO  6,253        

DO ANY OF THE FOLLOWING:                                                        

      (1)  REQUIRE COVERAGE FOR ANY DRUG IF THE UNITED STATES      6,257        

FOOD AND DRUG ADMINISTRATION HAS DETERMINED ITS USE TO BE          6,258        

CONTRAINDICATED FOR THE TREATMENT OF THE PARTICULAR INDICATION     6,259        

                                                          139    

                                                                 
FOR WHICH THE DRUG HAS BEEN PRESCRIBED;                            6,260        

      (2)  REQUIRE COVERAGE FOR EXPERIMENTAL DRUGS NOT APPROVED    6,262        

FOR ANY INDICATION BY THE UNITED STATES FOOD AND DRUG              6,265        

ADMINISTRATION;                                                    6,266        

      (3)  ALTER ANY LAW WITH REGARD TO PROVISIONS LIMITING THE    6,268        

COVERAGE OF DRUGS THAT HAVE NOT BEEN APPROVED BY THE UNITED        6,271        

STATES FOOD AND DRUG ADMINISTRATION;                               6,272        

      (4)  REQUIRE REIMBURSEMENT OR COVERAGE FOR ANY DRUG NOT      6,274        

INCLUDED IN THE DRUG FORMULARY OR LIST OF COVERED DRUGS SPECIFIED  6,276        

IN A HEALTH INSURING CORPORATION CONTRACT;                                      

      (5)  PROHIBIT A HEALTH INSURING CORPORATION FROM LIMITING    6,278        

OR EXCLUDING COVERAGE OF A DRUG, PROVIDED THAT THE DECISION TO     6,279        

LIMIT OR EXCLUDE COVERAGE OF THE DRUG IS NOT BASED PRIMARILY ON    6,280        

THE COVERAGE OF DRUGS REQUIRED BY THIS SECTION.                    6,281        

      (E)  THIS SECTION APPLIES ONLY TO HEALTH INSURING            6,284        

CORPORATION POLICIES, CONTRACTS, AND AGREEMENTS THAT ARE           6,285        

DESCRIBED IN DIVISION (A) OF THIS SECTION AND THAT ARE DELIVERED,  6,287        

ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE ON OR AFTER JULY 1,  6,288        

1997.                                                                           

      Sec. 1751.67.  (A)  EACH INDIVIDUAL OR GROUP HEALTH          6,290        

INSURING CORPORATION POLICY, CONTRACT, OR AGREEMENT DELIVERED,     6,291        

ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE THAT PROVIDES        6,292        

MATERNITY BENEFITS SHALL PROVIDE COVERAGE OF INPATIENT CARE AND    6,293        

FOLLOW-UP CARE FOR A MOTHER AND HER NEWBORN AS FOLLOWS:            6,294        

      (1)  THE POLICY, CONTRACT, OR AGREEMENT SHALL COVER A        6,296        

MINIMUM OF FORTY-EIGHT HOURS OF INPATIENT CARE FOLLOWING A NORMAL  6,297        

VAGINAL DELIVERY AND A MINIMUM OF NINETY-SIX HOURS OF INPATIENT    6,298        

CARE FOLLOWING A CESAREAN DELIVERY.  SERVICES COVERED AS           6,299        

INPATIENT CARE SHALL INCLUDE MEDICAL, EDUCATIONAL, AND ANY OTHER   6,300        

SERVICES THAT ARE CONSISTENT WITH THE INPATIENT CARE RECOMMENDED   6,301        

IN THE PROTOCOLS AND GUIDELINES DEVELOPED BY NATIONAL              6,302        

ORGANIZATIONS THAT REPRESENT PEDIATRIC, OBSTETRIC, AND NURSING     6,303        

PROFESSIONALS.                                                                  

      (2)  THE POLICY, CONTRACT, OR AGREEMENT SHALL COVER A        6,305        

                                                          140    

                                                                 
PHYSICIAN-DIRECTED SOURCE OF FOLLOW-UP CARE.  SERVICES COVERED AS  6,307        

FOLLOW-UP CARE SHALL INCLUDE PHYSICAL ASSESSMENT OF THE MOTHER     6,308        

AND NEWBORN, PARENT EDUCATION, ASSISTANCE AND TRAINING IN BREAST   6,309        

OR BOTTLE FEEDING, ASSESSMENT OF THE HOME SUPPORT SYSTEM,                       

PERFORMANCE OF ANY MEDICALLY NECESSARY AND APPROPRIATE CLINICAL    6,310        

TESTS, AND ANY OTHER SERVICES THAT ARE CONSISTENT WITH THE         6,311        

FOLLOW-UP CARE RECOMMENDED IN THE PROTOCOLS AND GUIDELINES         6,312        

DEVELOPED BY NATIONAL ORGANIZATIONS THAT REPRESENT PEDIATRIC,      6,313        

OBSTETRIC, AND NURSING PROFESSIONALS.  THE COVERAGE SHALL APPLY    6,314        

TO SERVICES PROVIDED IN A MEDICAL SETTING OR THROUGH HOME HEALTH   6,315        

CARE VISITS.  THE COVERAGE SHALL APPLY TO A HOME HEALTH CARE       6,316        

VISIT ONLY IF THE PROVIDER WHO CONDUCTS THE VISIT IS               6,317        

KNOWLEDGEABLE AND EXPERIENCED IN MATERNITY AND NEWBORN CARE.       6,318        

      WHEN A DECISION IS MADE IN ACCORDANCE WITH DIVISION (B) OF   6,321        

THIS SECTION TO DISCHARGE A MOTHER OR NEWBORN PRIOR TO THE                      

EXPIRATION OF THE APPLICABLE NUMBER OF HOURS OF INPATIENT CARE     6,322        

REQUIRED TO BE COVERED, THE COVERAGE OF FOLLOW-UP CARE SHALL       6,323        

APPLY TO ALL FOLLOW-UP CARE THAT IS PROVIDED WITHIN FORTY-EIGHT    6,324        

HOURS AFTER DISCHARGE.  WHEN A MOTHER OR NEWBORN RECEIVES AT       6,325        

LEAST THE NUMBER OF HOURS OF INPATIENT CARE REQUIRED TO BE         6,326        

COVERED, THE COVERAGE OF FOLLOW-UP CARE SHALL APPLY TO FOLLOW-UP   6,327        

CARE THAT IS DETERMINED TO BE MEDICALLY NECESSARY BY THE PROVIDER  6,329        

RESPONSIBLE FOR DISCHARGING THE MOTHER OR NEWBORN.                              

      (B)  ANY DECISION TO SHORTEN THE LENGTH OF INPATIENT STAY    6,331        

TO LESS THAN THAT SPECIFIED UNDER DIVISION (A)(1) OF THIS SECTION  6,333        

SHALL BE MADE BY THE PHYSICIAN ATTENDING THE MOTHER OR NEWBORN,    6,334        

EXCEPT THAT IF A NURSE-MIDWIFE IS ATTENDING THE MOTHER IN          6,335        

COLLABORATION WITH A PHYSICIAN, THE DECISION MAY BE MADE BY THE    6,336        

NURSE-MIDWIFE.  DECISIONS REGARDING EARLY DISCHARGE SHALL BE MADE  6,337        

ONLY AFTER CONFERRING WITH THE MOTHER OR A PERSON RESPONSIBLE FOR  6,338        

THE MOTHER OR NEWBORN.  FOR PURPOSES OF THIS DIVISION, A PERSON    6,339        

RESPONSIBLE FOR THE MOTHER OR NEWBORN MAY INCLUDE A PARENT,        6,340        

GUARDIAN, OR ANY OTHER PERSON WITH AUTHORITY TO MAKE MEDICAL       6,341        

DECISIONS FOR THE MOTHER OR NEWBORN.                                            

                                                          141    

                                                                 
      (C)(1)  NO HEALTH INSURING CORPORATION MAY DO EITHER OF THE  6,344        

FOLLOWING:                                                                      

      (a)  TERMINATE THE PARTICIPATION OF A PROVIDER OR HEALTH     6,346        

CARE FACILITY IN AN INDIVIDUAL OR GROUP HEALTH CARE PLAN SOLELY    6,347        

FOR MAKING RECOMMENDATIONS FOR INPATIENT OR FOLLOW-UP CARE FOR A   6,348        

PARTICULAR MOTHER OR NEWBORN THAT ARE CONSISTENT WITH THE CARE     6,349        

REQUIRED TO BE COVERED BY THIS SECTION;                            6,350        

      (b)  ESTABLISH OR OFFER MONETARY OR OTHER FINANCIAL          6,352        

INCENTIVES FOR THE PURPOSE OF ENCOURAGING A PERSON TO DECLINE THE  6,354        

INPATIENT OR FOLLOW-UP CARE REQUIRED TO BE COVERED BY THIS                      

SECTION.                                                           6,355        

      (2)  WHOEVER VIOLATES DIVISION (C)(1)(a) OR (b) OF THIS      6,358        

SECTION HAS ENGAGED IN AN UNFAIR AND DECEPTIVE ACT OR PRACTICE IN  6,359        

THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19 TO 3901.26 OF     6,360        

THE REVISED CODE.                                                               

      (D)  THIS SECTION DOES NOT DO ANY OF THE FOLLOWING:          6,362        

      (1)  REQUIRE A POLICY, CONTRACT, OR AGREEMENT TO COVER       6,364        

INPATIENT OR FOLLOW-UP CARE THAT IS NOT RECEIVED IN ACCORDANCE     6,365        

WITH THE POLICY'S, CONTRACT'S, OR AGREEMENT'S TERMS PERTAINING TO  6,366        

THE PROVIDERS AND FACILITIES FROM WHICH AN INDIVIDUAL IS           6,367        

AUTHORIZED TO RECEIVE HEALTH CARE SERVICES;                        6,368        

      (2)  REQUIRE A MOTHER OR NEWBORN TO STAY IN A HOSPITAL OR    6,370        

OTHER INPATIENT SETTING FOR A FIXED PERIOD OF TIME FOLLOWING       6,371        

DELIVERY;                                                                       

      (3)  REQUIRE A CHILD TO BE DELIVERED IN A HOSPITAL OR OTHER  6,373        

INPATIENT SETTING;                                                 6,374        

      (4)  AUTHORIZE A NURSE-MIDWIFE TO PRACTICE BEYOND THE        6,376        

AUTHORITY TO PRACTICE NURSE-MIDWIFERY IN ACCORDANCE WITH CHAPTER   6,377        

4723. OF THE REVISED CODE;                                         6,378        

      (5)  ESTABLISH MINIMUM STANDARDS OF MEDICAL DIAGNOSIS,       6,380        

CARE, OR TREATMENT FOR INPATIENT OR FOLLOW-UP CARE FOR A MOTHER    6,381        

OR NEWBORN.  A DEVIATION FROM THE CARE REQUIRED TO BE COVERED      6,382        

UNDER THIS SECTION SHALL NOT, SOLELY ON THE BASIS OF THIS          6,383        

SECTION, GIVE RISE TO A MEDICAL CLAIM OR TO DERIVATIVE CLAIMS FOR  6,384        

                                                          142    

                                                                 
RELIEF, AS THOSE TERMS ARE DEFINED IN SECTION 2305.11 OF THE       6,386        

REVISED CODE.                                                                   

      Sec. 1751.70.  (A)  AN EMPLOYEE OF THE STATE, OF ANY         6,389        

POLITICAL SUBDIVISION OF THE STATE, OR OF ANY INSTITUTION          6,390        

SUPPORTED IN WHOLE OR IN PART BY THE STATE, MAY AUTHORIZE THE      6,391        

DEDUCTION FROM THE EMPLOYEE'S SALARY OR WAGES OF THE AMOUNT OF     6,392        

THE EMPLOYEE'S PREMIUM RATE TO ANY HEALTH INSURING CORPORATION     6,393        

HOLDING A CERTIFICATE OF AUTHORITY PURSUANT TO THIS CHAPTER.  THE  6,395        

EMPLOYEE'S AUTHORIZATION SHALL BE EVIDENCED BY APPROVAL OF THE     6,396        

HEAD OF THE DEPARTMENT, DIVISION, OFFICE, OR INSTITUTION IN WHICH  6,397        

THE EMPLOYEE IS EMPLOYED.                                                       

      (B)  IN THE CASE OF EMPLOYEES OF THE STATE, THE EMPLOYEE'S   6,400        

AUTHORIZATION SHALL BE DIRECTED TO AND FILED WITH THE DIRECTOR OF  6,401        

ADMINISTRATIVE SERVICES.  IN THE CASE OF EMPLOYEES OF A POLITICAL  6,402        

SUBDIVISION, THE EMPLOYEE'S AUTHORIZATION SHALL BE DIRECTED TO     6,403        

AND FILED WITH THE FISCAL OFFICER OF SUCH POLITICAL SUBDIVISION.   6,404        

IN THE CASE OF EMPLOYEES OF ANY INSTITUTION SUPPORTED IN WHOLE OR  6,405        

IN PART BY THE STATE, THE EMPLOYEE'S AUTHORIZATION SHALL BE        6,406        

DIRECTED TO AND FILED WITH THE FISCAL OFFICER OF SUCH              6,407        

INSTITUTION.                                                                    

      (C)  UPON THE FILING OF THE EMPLOYEE'S AUTHORIZATION IN      6,410        

ACCORDANCE WITH DIVISION (B) OF THIS SECTION, THE DIRECTOR OR      6,412        

FISCAL OFFICER SHALL PROVIDE FOR PAYMENT TO THE HEALTH INSURING    6,413        

CORPORATION REFERRED TO IN THE EMPLOYEE'S AUTHORIZATION, FOR THE   6,414        

AMOUNT COVERING THE SUM OF THE DEDUCTIONS THEREBY AUTHORIZED.      6,415        

      Sec. 1751.71.  EACH HEALTH INSURING CORPORATION SUBJECT TO   6,417        

THIS CHAPTER MAY ACCEPT FROM GOVERNMENTAL AGENCIES, OR FROM        6,418        

PRIVATE PERSONS, PAYMENTS COVERING ALL OR PART OF THE COST OF      6,419        

POLICIES, CONTRACTS, AND AGREEMENTS ENTERED INTO BETWEEN THE       6,420        

HEALTH INSURING CORPORATION AND ITS SUBSCRIBERS OR GROUPS OF       6,421        

SUBSCRIBERS.                                                                    

      Sec. 1901.111.  (A)  As used in this section, "health care   6,430        

coverage" means sickness and accident insurance or other coverage  6,431        

of hospitalization, surgical care, major medical care,             6,432        

                                                          143    

                                                                 
disability, dental care, eye care, medical care, hearing aids,     6,433        

and prescription drugs, or any combination of those benefits or    6,434        

services.                                                          6,435        

      (B)  The legislative authority, after consultation with the  6,437        

judges of the municipal court, shall negotiate and contract for,   6,438        

purchase, or otherwise procure group health care coverage for the  6,439        

judges and their spouses and dependents from insurance companies   6,440        

authorized to engage in the business of insurance in this state    6,441        

under Title XXXIX of the Revised Code, medical care corporations   6,442        

organized under Chapter 1737. of the Revised Code, OR health care  6,444        

INSURING corporations organized HOLDING CERTIFICATES OF AUTHORITY  6,445        

under Chapter 1738. 1751. of the Revised Code, or health           6,446        

maintenance organizations organized under Chapter 1742. of the     6,447        

Revised Code, except that if the county or municipal corporation   6,448        

served by the legislative authority provides group health care     6,449        

coverage for its employees, the group health care coverage         6,450        

required by this section shall be provided, if possible, through   6,451        

the policy or plan under which the group health care coverage is   6,452        

provided for the county or municipal corporation employees.        6,453        

      (C)  The portion of the costs, premiums, or charges for the  6,455        

group health care coverage procured pursuant to division (B) of    6,456        

this section that is not paid by the judges of the municipal       6,457        

court, or all of the costs, premiums, or charges for the group     6,458        

health care coverage if the judges will not be paying any such     6,459        

portion, shall be paid as follows:                                 6,460        

      (1)  If the municipal court is a county-operated municipal   6,462        

court, the portion of the costs, premiums, or charges or all of    6,463        

the costs, premiums, or charges shall be paid out of the treasury  6,464        

of the county.                                                     6,465        

      (2)  If the municipal court is not a county-operated         6,467        

municipal court, the portion of the costs, premiums, or charges    6,468        

or all of the costs, premiums, or charges shall be paid in         6,469        

three-fifths and two-fifths shares from the city treasury and      6,470        

appropriate county treasuries as described in division (C) of      6,471        

                                                          144    

                                                                 
section 1901.11 of the Revised Code.  The three-fifths share of a  6,472        

city treasury is subject to apportionment under section 1901.026   6,473        

of the Revised Code.                                               6,474        

      Sec. 1901.312.  (A)  As used in this section, "health care   6,483        

coverage" has the same meaning as in section 1901.111 of the       6,484        

Revised Code.                                                      6,485        

       (B)  The legislative authority, after consultation with     6,487        

the clerk and deputy clerks of the municipal court, shall          6,488        

negotiate and contract for, purchase, or otherwise procure group   6,489        

health care coverage for the clerk and deputy clerks and their     6,490        

spouses and dependents from insurance companies authorized to      6,491        

engage in the business of insurance in this state under Title      6,492        

XXXIX of the Revised Code, medical care corporations organized     6,493        

under Chapter 1737. of the Revised Code, OR health care INSURING   6,495        

corporations organized HOLDING CERTIFICATES OF AUTHORITY under     6,496        

Chapter 1738. 1751. of the Revised Code, or health maintenance     6,498        

organizations organized under Chapter 1742. of the Revised Code,   6,499        

except that if the county or municipal corporation served by the   6,500        

legislative authority provides group health care coverage for its  6,501        

employees, the group health care coverage required by this         6,502        

section shall be provided, if possible, through the policy or      6,503        

plan under which the group health care coverage is provided for    6,504        

the county or municipal corporation employees.                                  

      (C)  The portion of the costs, premiums, or charges for the  6,506        

group health care coverage procured pursuant to division (B) of    6,507        

this section that is not paid by the clerk and deputy clerks of    6,508        

the municipal court, or all of the costs, premiums, or charges     6,509        

for the group health care coverage if the clerk and deputy clerks  6,510        

will not be paying any such portion, shall be paid as follows:     6,511        

      (1)  If the municipal court is a county-operated municipal   6,513        

court, the portion of the costs, premiums, or charges or all of    6,514        

the costs, premiums, or charges shall be paid out of the treasury  6,515        

of the county.                                                     6,516        

      (2)(a)  If the municipal court is not a county-operated      6,518        

                                                          145    

                                                                 
municipal court, the portion of the costs, premiums, or charges    6,519        

in connection with the clerk or all of the costs, premiums, or     6,520        

charges in connection with the clerk shall be paid in              6,521        

three-fifths and two-fifths shares from the city treasury and      6,522        

appropriate county treasuries as described in division (C) of      6,523        

section 1901.31 of the Revised Code.  The three-fifths share of a  6,524        

city treasury is subject to apportionment under section 1901.026   6,525        

of the Revised Code.                                               6,526        

      (b)  If the municipal court is not a county-operated         6,528        

municipal court, the portion of the costs, premiums, or charges    6,529        

in connection with the deputy clerks or all of the costs,          6,530        

premiums, or charges in connection with the deputy clerks shall    6,531        

be paid from the city treasury and shall be subject to             6,532        

apportionment under section 1901.026 of the Revised Code.          6,533        

      (D)  This section does not apply to the clerk of the         6,535        

Auglaize county, Hamilton county, Portage county, or Wayne county  6,536        

municipal court, if health care coverage is provided to the clerk  6,537        

by virtue of his THE CLERK'S employment as the clerk of the court  6,539        

of common pleas of Auglaize county, Hamilton county, Portage                    

county, or Wayne county.                                           6,540        

      Sec. 2133.12.  (A)  The death of a qualified patient or      6,549        

other patient resulting from the withholding or withdrawal of      6,550        

life-sustaining treatment in accordance with this chapter does     6,551        

not constitute a suicide, aggravated murder, murder, or any other  6,552        

homicide offense for any purpose.                                  6,553        

      (B)(1)  The execution of a declaration shall not do either   6,555        

of the following:                                                  6,556        

      (a)  Affect the sale, procurement, issuance, or renewal of   6,558        

any policy of life insurance or annuity, notwithstanding any term  6,559        

of a policy or annuity to the contrary;                            6,560        

      (b)  Be deemed to modify or invalidate the terms of any      6,562        

policy of life insurance or annuity that is in effect on October   6,563        

10, 1991.                                                          6,564        

      (2)  Notwithstanding any term of a policy of life insurance  6,566        

                                                          146    

                                                                 
or annuity to the contrary, the withholding or withdrawal of       6,567        

life-sustaining treatment from an insured, qualified patient or    6,568        

other patient in accordance with this chapter shall not impair or  6,569        

invalidate any policy of life insurance or annuity.                6,570        

      (3)  Notwithstanding any term of a policy or plan to the     6,572        

contrary, the use or continuation, or the withholding or           6,573        

withdrawal, of life-sustaining treatment from an insured,          6,574        

qualified patient or other patient in accordance with this         6,575        

chapter shall not impair or invalidate any policy of health        6,576        

insurance or any health care benefit plan.                         6,577        

      (4)  No physician, health care facility, other health care   6,579        

provider, person authorized to engage in the business of           6,580        

insurance in this state under Title XXXIX of the Revised Code,     6,581        

medical care corporation, health care INSURING corporation,        6,583        

health maintenance organization, other health care plan, legal     6,584        

entity that is self-insured and provides benefits to its           6,585        

employees or members, or other person shall require any            6,586        

individual to execute or refrain from executing a declaration, or  6,587        

shall require an individual to revoke or refrain from revoking a   6,588        

declaration, as a condition of being insured or of receiving       6,589        

health care benefits or services.                                  6,590        

      (C)(1)  This chapter does not create any presumption         6,592        

concerning the intention of an individual who has revoked or has   6,593        

not executed a declaration with respect to the use or              6,594        

continuation, or the withholding or withdrawal, of                 6,595        

life-sustaining treatment if he THE INDIVIDUAL should be in a      6,596        

terminal condition or in a permanently unconscious state at any    6,597        

time.                                                                           

      (2)  This chapter does not affect the right of a qualified   6,599        

patient or other patient to make informed decisions regarding the  6,600        

use or continuation, or the withholding or withdrawal, of          6,601        

life-sustaining treatment as long as he THE QUALIFIED PATIENT OR   6,602        

OTHER PATIENT is able to make those decisions.                     6,605        

      (3)  This chapter does not require a physician, other        6,607        

                                                          147    

                                                                 
health care personnel, or a health care facility to take action    6,608        

that is contrary to reasonable medical standards.                  6,609        

      (4)  This chapter and, if applicable, a declaration do not   6,611        

affect or limit the authority of a physician or a health care      6,612        

facility to provide or not to provide life-sustaining treatment    6,613        

to a person in accordance with reasonable medical standards        6,614        

applicable in an emergency situation.                              6,615        

      (D)  Nothing in this chapter condones, authorizes, or        6,617        

approves of mercy killing, assisted suicide, or euthanasia.        6,618        

      (E)(1)  This chapter does not affect the responsibility of   6,620        

the attending physician of a qualified patient or other patient,   6,621        

or other health care personnel acting under the direction of the   6,622        

patient's attending physician, to provide comfort care to the      6,623        

patient.  Nothing in this chapter precludes the attending          6,624        

physician of a qualified patient or other patient who carries out  6,625        

the responsibility to provide comfort care to the patient in good  6,626        

faith and while acting within the scope of his THE ATTENDING       6,627        

PHYSICIAN'S authority from prescribing, dispensing,                6,630        

administering, or causing to be administered any particular        6,631        

medical procedure, treatment, intervention, or other measure to    6,632        

the patient, including, but not limited to, prescribing,           6,633        

dispensing, administering, or causing to be administered by        6,634        

judicious titration or in another manner any form of medication,   6,635        

for the purpose of diminishing his THE QUALIFIED PATIENT'S OR      6,636        

OTHER PATIENT'S pain or discomfort and not for the purpose of      6,637        

postponing or causing his THE QUALIFIED PATIENT'S OR OTHER         6,638        

PATIENT'S death, even though the medical procedure, treatment,     6,640        

intervention, or other measure may appear to hasten or increase    6,641        

the risk of the patient's death.  Nothing in this chapter          6,642        

precludes health care personnel acting under the direction of the  6,643        

patient's attending physician who carry out the responsibility to  6,644        

provide comfort care to the patient in good faith and while        6,645        

acting within the scope of their authority from dispensing,        6,646        

administering, or causing to be administered any particular        6,647        

                                                          148    

                                                                 
medical procedure, treatment, intervention, or other measure to    6,648        

the patient, including, but not limited to, dispensing,            6,649        

administering, or causing to be administered by judicious          6,650        

titration or in another manner any form of medication, for the     6,651        

purpose of diminishing his THE QUALIFIED PATIENT'S OR OTHER        6,652        

PATIENT'S pain or discomfort and not for the purpose of            6,654        

postponing or causing his THE QUALIFIED PATIENT'S OR OTHER         6,655        

PATIENT'S death, even though the medical procedure, treatment,     6,656        

intervention, or other measure may appear to hasten or increase    6,657        

the risk of the patient's death.                                                

      (2)(a)  If, at any time, a person described in division      6,659        

(A)(2)(a)(i) of section 2133.05 of the Revised Code or the         6,660        

individual or a majority of the individuals in either of the       6,661        

first two classes of individuals that pertain to a declarant in    6,662        

the descending order of priority set forth in division             6,663        

(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in   6,664        

good faith that both of the following circumstances apply, the     6,665        

person or the individual or majority of individuals in either of   6,666        

the first two classes of individuals may commence an action in     6,667        

the probate court of the county in which a declarant who is in a   6,668        

terminal condition or permanently unconscious state is located     6,669        

for the issuance of an order mandating the use or continuation of  6,670        

comfort care in connection with the declarant in a manner that is  6,671        

consistent with division (E)(1) of this section:                   6,672        

      (i)  Comfort care is not being used or continued in          6,674        

connection with the declarant.                                     6,675        

      (ii)  The withholding or withdrawal of the comfort care is   6,677        

contrary to division (E)(1) of this section.                       6,678        

      (b)  If a declarant did not designate in his THE             6,680        

DECLARANT'S declaration a person as described in division          6,681        

(A)(2)(a)(i) of section 2133.05 of the Revised Code and if, at     6,682        

any time, a priority individual or any member of a priority class  6,683        

of individuals under division (A)(2)(a)(ii) of section 2133.05 of  6,684        

the Revised Code or, at any time, the individual or a majority of  6,685        

                                                          149    

                                                                 
the individuals in the next class of individuals that pertains to  6,686        

the declarant in the descending order of priority set forth in     6,687        

that division believes in good faith that both of the following    6,688        

circumstances apply, the priority individual, the member of the    6,689        

priority class of individuals, or the individual or majority of    6,690        

individuals in the next class of individuals that pertains to the  6,691        

declarant may commence an action in the probate court of the       6,692        

county in which a declarant who is in a terminal condition or      6,693        

permanently unconscious state is located for the issuance of an    6,694        

order mandating the use or continuation of comfort care in         6,695        

connection with the declarant in a manner that is consistent with  6,696        

division (E)(1) of this section:                                   6,697        

      (i)  Comfort care is not being used or continued in          6,699        

connection with the declarant.                                     6,700        

      (ii)  The withholding or withdrawal of the comfort care is   6,702        

contrary to division (E)(1) of this section.                       6,703        

      (c)  If, at any time, a priority individual or any member    6,705        

of a priority class of individuals under division (B) of section   6,706        

2133.08 of the Revised Code or, at any time, the individual or a   6,707        

majority of the individuals in the next class of individuals that  6,708        

pertains to the patient in the descending order of priority set    6,709        

forth in that division believes in good faith that both of the     6,710        

following circumstances apply, the priority individual, the        6,711        

member of the priority class of individuals, or the individual or  6,712        

majority of individuals in the next class of individuals that      6,713        

pertains to the patient may commence an action in the probate      6,714        

court of the county in which a patient as described in division    6,715        

(A) of section 2133.08 of the Revised Code is located for the      6,716        

issuance of an order mandating the use or continuation of comfort  6,717        

care in connection with the patient in a manner that is            6,718        

consistent with division (E)(1) of this section:                   6,719        

      (i)  Comfort care is not being used or continued in          6,721        

connection with the patient.                                       6,722        

      (ii)  The withholding or withdrawal of the comfort care is   6,724        

                                                          150    

                                                                 
contrary to division (E)(1) of this section.                       6,725        

      Sec. 2305.25.  (A)  No health care entity and no individual  6,735        

who is a member of or works on behalf of any of the following                   

boards or committees of a health care entity or of any of the      6,736        

following corporations shall be liable in damages to any person    6,737        

for any acts, omissions, decisions, or other conduct within the    6,738        

scope of the functions of the board, committee, or corporation:    6,739        

      (1)  A peer review committee of a hospital, a nonprofit      6,741        

health care corporation which is a member of the hospital or of    6,742        

which the hospital is a member, or a community mental health       6,743        

center;                                                            6,744        

      (2)  A board or committee of a hospital or of a nonprofit    6,747        

health care corporation which is a member of the hospital or of    6,748        

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      6,749        

applicants for admission to the medical staff;                     6,750        

      (3)  A utilization committee of a state or local society     6,752        

composed of doctors of medicine or doctors of osteopathic          6,753        

medicine and surgery or doctors of podiatric medicine;             6,754        

      (4)  A peer review committee of nursing home providers or    6,756        

administrators, including a corporation engaged in performing the  6,758        

functions of a peer review committee of nursing home providers or  6,759        

administrators, or a corporation engaged in the functions of                    

another type of peer review or professional standards review       6,760        

committee;                                                         6,761        

      (5)  A peer review committee, professional standards review  6,763        

committee, or arbitration committee of a state or local society    6,764        

composed of doctors of medicine, doctors of osteopathic medicine   6,765        

and surgery, doctors of dentistry, doctors of optometry, doctors   6,766        

of podiatric medicine, psychologists, or registered pharmacists;   6,767        

      (6)  A peer review committee of a health maintenance         6,769        

organization INSURING CORPORATION that has at least a two-thirds   6,770        

majority of member physicians in active practice and that          6,772        

conducts professional credentialing and quality review activities  6,773        

                                                          151    

                                                                 
involving the competence or professional conduct of health care    6,774        

providers, which conduct adversely affects, or could adversely     6,775        

affect, the health or welfare of any patient.  For purposes of     6,776        

this division, "health maintenance organization INSURING           6,777        

CORPORATION" includes wholly owned subsidiaries of a health        6,779        

maintenance organization INSURING CORPORATION.                     6,780        

      (7)  A peer review committee of any insurer authorized       6,782        

under Title XXXIX of the Revised Code to do the business of        6,783        

sickness and accident insurance in this state that has at least a  6,784        

two-thirds majority of physicians in active practice and that      6,785        

conducts professional credentialing and quality review activities  6,786        

involving the competence or professional conduct of health care    6,787        

providers, which conduct adversely affects, or could adversely     6,788        

affect, the health or welfare of any patient;                      6,789        

      (8)  A peer review committee of any insurer authorized       6,791        

under Title XXXIX of the Revised Code to do the business of        6,792        

sickness and accident insurance in this state that has at least a  6,793        

two-thirds majority of physicians in active practice and that      6,794        

conducts professional credentialing and quality review activities  6,795        

involving the competence or professional conduct of a health care  6,796        

facility that has contracted with the insurer to provide health    6,797        

care services to insureds, which conduct adversely affects, or     6,798        

could adversely affect, the health or welfare of any patient;      6,799        

      (9)  A quality assurance committee of a state correctional   6,801        

institution operated by the department of rehabilitation and       6,803        

correction;                                                                     

      (10)  A quality assurance committee of the central office    6,805        

of the department of rehabilitation and correction or department   6,807        

of mental health.;                                                              

      (11)  A peer review committee of an insurer authorized       6,809        

under Title XXXIX of the Revised Code to do the business of        6,810        

medical professional liability insurance in this state and that    6,811        

conducts professional quality review activities involving the      6,813        

competence or professional conduct of health care providers,       6,814        

                                                          152    

                                                                 
which conduct adversely affects, or could affect, the health or                 

welfare of any patient;                                            6,815        

      (12)  A peer review committee of a health care entity.       6,817        

      (B)(1)  A hospital shall be presumed to not be negligent in  6,819        

the credentialing of a qualified person if the hospital proves by  6,820        

a preponderance of the evidence that at the time of the alleged    6,821        

negligent credentialing of the qualified person it was accredited  6,822        

by the joint commission on accreditation of health care            6,823        

organizations, the American osteopathic association, or the                     

national committee for quality assurance.                          6,824        

      (2)  The presumption that a hospital is not negligent as     6,826        

provided in division (B)(1) of this section may be rebutted only   6,827        

by proof, by a preponderance of the evidence, of any of the        6,828        

following:                                                                      

      (a)  The credentialing and review requirements of the        6,830        

accrediting organization did not apply to the hospital, the        6,831        

qualified person, or the type of professional care that is the     6,832        

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         6,834        

credentialing and review requirements of the accrediting           6,835        

organization that applied to the qualified person.                 6,836        

      (c)  The hospital, through its medical staff executive       6,838        

committee or its governing body and sufficiently in advance to     6,839        

take appropriate action, knew that a previously competent          6,840        

qualified person with staff privileges at the hospital had         6,841        

developed a pattern of incompetence that indicated that the        6,842        

qualified person's privileges should have been limited prior to    6,843        

treating the plaintiff at the hospital.                            6,844        

      (d)  The hospital, through its medical staff executive       6,846        

committee or its governing body and sufficiently in advance to     6,847        

take appropriate action, knew that a previously competent          6,848        

qualified person with staff privileges at the hospital would       6,849        

provide fraudulent medical treatment but failed to limit the       6,850        

qualified person's privileges prior to treating the plaintiff at   6,851        

                                                          153    

                                                                 
the hospital.                                                      6,852        

      (3)  If the plaintiff fails to rebut the presumption         6,854        

provided in division (B)(1) of this section, upon the motion of    6,855        

the hospital, the court shall enter judgment in favor of the       6,856        

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     6,858        

individual or health care entity from liability arising from       6,859        

treatment of a patient.  Nothing in this section shall be          6,860        

construed as creating an exception to section 2305.251 of the      6,861        

Revised Code.                                                                   

      (D)  No person who provides information under this section   6,863        

without malice and in the reasonable belief that the information   6,865        

is warranted by the facts known to the person shall be subject to  6,866        

suit for civil damages as a result of providing the information.   6,867        

      (E)  For purposes of this section:                           6,869        

      (1)  "Peer review committee" means a utilization review      6,871        

committee, quality assurance committee, quality improvement        6,872        

committee, tissue committee, credentialing committee, or other     6,873        

committee that conducts professional credentialing and quality     6,874        

review activities involving the competence or professional         6,875        

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       6,877        

for-profit or nonprofit corporation, a limited liability company,  6,878        

a partnership, a professional corporation, a state or local        6,879        

society as described in division (A)(3) of this section, or other  6,880        

health care organization, including, but not limited to, health    6,881        

care entities described in division (A) of this section, whether   6,882        

acting on its own behalf or on behalf of or in affiliation with    6,883        

other health care entities, that conducts, as part of its                       

purpose, professional credentialing or quality review activities   6,884        

involving the competence or professional conduct of health care    6,885        

practitioners or providers.                                        6,886        

      (3)  "Hospital" means either of the following:               6,888        

      (a)  An institution that has been registered or licensed by  6,890        

                                                          154    

                                                                 
the Ohio department of health as a hospital;                       6,891        

      (b)  An entity, other than an insurance company authorized   6,893        

to do business in this state, that owns, controls, or is           6,894        

affiliated with an institution that has been registered or         6,896        

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  6,898        

of a hospital or a person who has professional privileges at a     6,899        

hospital pursuant to section 3701.351 of the Revised Code.         6,900        

      (F)  This section shall be considered to be purely remedial  6,903        

in its operation and shall be applied in a remedial manner in any  6,904        

civil action in which this section is relevant, whether the civil  6,905        

action is pending in court or commenced on or after the effective  6,906        

date of this section, regardless of when the cause of action       6,907        

accrued and notwithstanding any other section of the Revised Code  6,909        

or prior rule of law of this state.                                             

      Sec. 2913.47.  (A)  As used in this section:                 6,919        

      (1)  "Data" has the same meaning as in section 2913.01 of    6,921        

the Revised Code and additionally includes any other               6,922        

representation of information, knowledge, facts, concepts, or      6,923        

instructions that are being or have been prepared in a formalized  6,924        

manner.                                                            6,925        

      (2)  "Deceptive" means that a statement, in whole or in      6,927        

part, would cause another to be deceived because it contains a     6,928        

misleading representation, withholds information, prevents the     6,929        

acquisition of information, or by any other conduct, act, or       6,930        

omission creates, confirms, or perpetuates a false impression,     6,931        

including, but not limited to, a false impression as to law,       6,932        

value, state of mind, or other objective or subjective fact.       6,933        

      (3)  "Insurer" means any person that is authorized to        6,935        

engage in the business of insurance in this state under Title      6,936        

XXXIX of the Revised Code;, the Ohio fair plan underwriting        6,937        

association created under section 3929.43 of the Revised Code;,    6,938        

any prepaid dental plan, medical care corporation, health care     6,941        

INSURING corporation, dental care corporation, or health           6,943        

                                                          155    

                                                                 
maintenance organization; and any legal entity that is                          

self-insured and provides benefits to its employees or members.    6,944        

      (4)  "Policy" means a policy, certificate, contract, or      6,946        

plan that is issued by an insurer.                                 6,947        

      (5)  "Statement" includes, but is not limited to, any        6,949        

notice, letter, or memorandum; proof of loss; bill of lading;      6,950        

receipt for payment; invoice, account, or other financial          6,951        

statement; estimate of property damage; bill for services;         6,952        

diagnosis or prognosis; prescription; hospital, medical, or        6,953        

dental chart or other record; x-ray, photograph, videotape, or     6,954        

movie film; test result; other evidence of loss, injury, or        6,955        

expense; computer-generated document; and data in any form.        6,956        

      (B)  No person, with purpose to defraud or knowing that the  6,958        

person is facilitating a fraud, shall do either of the following:  6,959        

      (1)  Present to, or cause to be presented to, an insurer     6,961        

any written or oral statement that is part of, or in support of,   6,962        

an application for insurance, a claim for payment pursuant to a    6,963        

policy, or a claim for any other benefit pursuant to a policy,     6,964        

knowing that the statement, or any part of the statement, is       6,965        

false or deceptive;                                                6,966        

      (2)  Assist, aid, abet, solicit, procure, or conspire with   6,968        

another to prepare or make any written or oral statement that is   6,969        

intended to be presented to an insurer as part of, or in support   6,970        

of, an application for insurance, a claim for payment pursuant to  6,971        

a policy, or a claim for any other benefit pursuant to a policy,   6,972        

knowing that the statement, or any part of the statement, is       6,973        

false or deceptive.                                                6,974        

      (C)  Whoever violates this section is guilty of insurance    6,976        

fraud.  Except as otherwise provided in this division, insurance   6,977        

fraud is a misdemeanor of the first degree.  If the amount of the  6,978        

claim that is false or deceptive is five hundred dollars or more   6,979        

and is less than five thousand dollars, insurance fraud is a       6,980        

felony of the fifth degree.  If the amount of the claim that is                 

false or deceptive is five thousand dollars or more and is less    6,982        

                                                          156    

                                                                 
than one hundred thousand dollars, insurance fraud is a felony of  6,983        

the fourth degree.  If the amount of the claim that is false or    6,985        

deceptive is one hundred thousand dollars or more, insurance       6,986        

fraud is a felony of the third degree.                                          

      (D)  This section shall not be construed to abrogate,        6,988        

waive, or modify division (A) of section 2317.02 of the Revised    6,989        

Code.                                                              6,990        

      Sec. 3105.71.  (A)  If a party to an action for divorce,     6,999        

annulment, dissolution of marriage, or legal separation was the    7,000        

named insured or subscriber under, or the policyholder,            7,001        

certificate holder, or contract holder of, a policy, contract, or  7,002        

plan of health insurance that provided health insurance coverage   7,003        

for his THAT PARTY'S spouse and dependents immediately prior to    7,004        

the filing of the action, that party shall not cancel or           7,005        

otherwise terminate or cause the termination of such coverage for  7,006        

which the spouse and dependents would otherwise be eligible until  7,007        

the court determines that the party is no longer responsible for   7,008        

providing such health insurance coverage for his THAT PARTY'S      7,009        

spouse and dependents.                                                          

      (B)  If the party responsible for providing health           7,011        

insurance coverage for his THAT PARTY'S spouse and dependents      7,012        

under division (A) of this section fails to provide that coverage  7,013        

in accordance with that division, the court shall issue an order   7,014        

that includes all of the following:                                7,015        

      (1)  A requirement that the party make payment to his THAT   7,017        

PARTY'S spouse in the amount of any premium he THAT PARTY failed   7,019        

to pay or contribution he THAT PARTY failed to make that resulted  7,020        

in his THAT PARTY'S failure to provide health insurance coverage   7,021        

in compliance with division (A) of this section;                                

      (2)  A requirement that the party make payment to his THAT   7,023        

PARTY'S spouse for reimbursement of any hospital, surgical, and    7,024        

medical expenses incurred as a result of his THAT PARTY'S failure  7,025        

to comply with division (A) of this section;                       7,026        

      (3)  A requirement that, if the party fails to comply with   7,028        

                                                          157    

                                                                 
divisions (B)(1) and (2) of this section, the employer of the      7,029        

party deduct from the party's earnings an amount necessary to      7,030        

make any payments required under divisions (B)(1) and (2) of this  7,031        

section.                                                           7,032        

      (C)  If the party responsible for providing health           7,034        

insurance coverage for his THAT PARTY'S spouse and dependents      7,035        

under division (A) of this section cancels or otherwise            7,036        

terminates or causes the termination of such coverage for which    7,037        

the spouse and dependents would otherwise be eligible, the spouse  7,038        

may apply to the insurer, health maintenance organization          7,039        

INSURING CORPORATION, or other third-party payer that provided     7,040        

the coverage for a policy or contract of health insurance.  The    7,041        

spouse and dependents shall have the same rights and be subject    7,042        

to the same limitations as a person applying for or covered under  7,043        

a converted or separate policy under section 3923.32 of the        7,044        

Revised Code upon the divorce, annulment, dissolution of           7,045        

marriage, or the legal separation of the spouse from the named     7,046        

insured.                                                                        

      Sec. 3111.241.  (A)  As used in this section, "insurer"      7,055        

means any person that is authorized to engage in the business of   7,056        

insurance in this state under Title XXXIX of the Revised Code;,    7,057        

any prepaid dental plan, medical care corporation, health care     7,058        

INSURING corporation, dental care corporation, or health           7,059        

maintenance organization; and any legal entity that is             7,060        

self-insured and provides benefits to its employees or members.    7,061        

      (B)  If an administrative officer of a child support         7,063        

enforcement agency issues an administrative support order under    7,064        

section 3111.20, 3111.21, or 3111.22 of the Revised Code, in       7,065        

addition to any requirements in those sections, the agency also    7,067        

shall issue a separate order that includes all of the following:   7,068        

      (1)  A requirement that the obligor under the child support  7,070        

order obtain health insurance coverage for the children who are    7,071        

the subject of the administrative child support order from an      7,072        

insurer that provides a group health insurance or health care      7,073        

                                                          158    

                                                                 
policy, contract, or plan that is specified in the order and a     7,074        

requirement that the obligor, no later than thirty days after the  7,075        

issuance of the order under division (B)(1) of this section,       7,076        

furnish written proof to the child support enforcement agency      7,077        

that the required health insurance coverage has been obtained, if  7,078        

that coverage is available at a reasonable cost through a group    7,079        

health insurance or health care policy, contract, or plan offered  7,080        

by the obligor's employer or through any other group health        7,081        

insurance or health care policy, contract, or plan available to    7,082        

the obligor and if health insurance coverage for the children is   7,083        

not available for a more reasonable cost through a group health    7,084        

insurance or health care policy, contract, or plan available to    7,085        

the obligee under the administrative child support order;          7,086        

      (2)  If the obligor is required under division (B)(1) of     7,088        

this section to obtain health insurance coverage for the children  7,089        

who are the subject of the administrative child support order, a   7,090        

requirement that the obligor supply the obligee with information   7,091        

regarding the benefits, limitations, and exclusions of the health  7,092        

insurance coverage, copies of any insurance forms necessary to     7,093        

receive reimbursement, payment, or other benefits under the        7,094        

health insurance coverage, and a copy of any necessary insurance   7,095        

cards, a requirement that the obligor submit a copy of the         7,096        

administrative order issued pursuant to division (B) of this       7,097        

section to the insurer at the time that the obligor makes          7,098        

application to enroll the children in the health insurance or      7,099        

health care policy, contract, or plan, and a requirement that the  7,100        

obligor, no later than thirty days after the issuance of the       7,101        

administrative order under division (B)(2) of this section,        7,102        

furnish written proof to the child support enforcement agency      7,103        

that division (B)(2) of this section has been complied with;       7,104        

      (3)  A requirement that the obligee under the                7,106        

administrative child support order obtain health insurance         7,107        

coverage for the children who are the subject of the               7,108        

administrative child support order from an insurer that provides   7,109        

                                                          159    

                                                                 
a group health insurance or health care policy, contract, or plan  7,110        

that is specified in the administrative order and a requirement    7,111        

that the obligee, no later than thirty days after the issuance of  7,112        

the administrative order under division (B)(1) of this section,    7,113        

furnish written proof to the child support enforcement agency      7,114        

that the required health insurance coverage has been obtained, if  7,115        

that coverage is available through a group health insurance or     7,116        

health care policy, contract, or plan offered by the obligee's     7,117        

employer or through any other group health insurance or health     7,118        

care policy, contract, or plan available to the obligee and if     7,119        

that coverage is available at a more reasonable cost than health   7,120        

insurance coverage for the children through a group health         7,121        

insurance or health care policy, contract, or plan available to    7,122        

the obligor;                                                       7,123        

      (4)  If the obligee is required under division (B)(3) of     7,125        

this section to obtain health insurance coverage for the children  7,126        

who are the subject of the administrative child support order, a   7,127        

requirement that the obligee submit a copy of the administrative   7,128        

order issued pursuant to division (B) of this section to the       7,129        

insurer at the time that the obligee makes application to enroll   7,130        

the children in the health insurance or health care policy,        7,131        

contract, or plan;                                                 7,132        

      (5)  A list of the group health insurance and health care    7,134        

policies, contracts, and plans that the child support enforcement  7,135        

agency determines are available at a reasonable cost to the        7,136        

obligor or to the obligee and the name of the insurer that issues  7,137        

each policy, contract, or plan;                                    7,138        

      (6)  A statement setting forth the name, address, and        7,140        

telephone number of the individual who is to be reimbursed for     7,141        

out-of-pocket medical, optical, hospital, dental, or prescription  7,142        

expenses paid for each child who is the subject of the             7,143        

administrative child support order and a statement that the        7,144        

insurer that provides the health insurance coverage for the        7,145        

children may continue making payment for medical, optical,         7,146        

                                                          160    

                                                                 
hospital, dental, or prescription services directly to any health  7,147        

care provider in accordance with the applicable health insurance   7,148        

or health care policy, contract, or plan;                          7,149        

      (7)  A requirement that the obligor and the obligee          7,151        

designate the children who are the subject of the administrative   7,152        

child support order as covered dependents under any health         7,153        

insurance or health care policy, contract, or plan for which they  7,154        

contract;                                                          7,155        

      (8)  A requirement that the obligor, the obligee, or both    7,157        

of them under a formula established by the child support           7,158        

enforcement agency pay copayment or deductible costs required      7,159        

under the health insurance or health care policy, contract, or     7,160        

plan that covers the children;                                     7,161        

      (9)  If health insurance coverage for the children who are   7,163        

the subject of the administrative order is not available at a      7,164        

reasonable cost through a group health insurance or health care    7,165        

policy, contract, or plan offered by the obligor's employer or     7,166        

through any other group health insurance or health care policy,    7,167        

contract, or plan available to the obligor and is not available    7,168        

at a reasonable cost through a group health insurance or health    7,169        

care policy, contract, or plan offered by the obligee's employer   7,170        

or through any other group health insurance or health care         7,171        

policy, contract, or plan available to the obligee, a requirement  7,172        

that the obligor and the obligee share liability for the cost of   7,173        

the medical and health care needs of the children who are the      7,174        

subject of the administrative order, under an equitable formula    7,175        

established by the agency, and a requirement that if, after the    7,176        

issuance of the order, health insurance coverage for the children  7,177        

who are the subject of the administrative order becomes available  7,178        

at a reasonable cost through a group health insurance or health    7,179        

care policy, contract, or plan offered by the obligor's or         7,180        

obligee's employer or through any other group health insurance or  7,181        

health care policy, contract, or plan available to the obligor or  7,182        

obligee, the obligor or obligee to whom the coverage becomes       7,183        

                                                          161    

                                                                 
available immediately inform the agency of that fact.;             7,184        

      (10)  A notice that, if the obligor is required under        7,186        

divisions (B)(1) and (2) of this section to obtain health          7,187        

insurance coverage for the children who are the subject of the     7,188        

administrative child support order and if the obligor fails to     7,189        

comply with the requirements of those divisions, the child         7,190        

support enforcement agency immediately shall issue an              7,191        

administrative order to the employer of the obligor, upon written  7,192        

notice from the child support enforcement agency, requiring the    7,193        

employer to take whatever action is necessary to make application  7,194        

to enroll the obligor in any available group health insurance or   7,195        

health care policy, contract, or plan with coverage for the        7,196        

children who are the subject of the administrative child support   7,197        

order, to submit a copy of the administrative order issued         7,198        

pursuant to division (B) of this section to the insurer at the     7,199        

time that the employer makes application to enroll the children    7,200        

in the health insurance or health care policy, contract, or plan,  7,201        

and, if the obligor's application is accepted, to deduct any       7,202        

additional amount from the obligor's earnings necessary to pay     7,203        

any additional cost for that health insurance coverage;            7,204        

      (11)  A notice that during the time that an order under      7,206        

this section is in effect, the employer of the obligor is          7,207        

required to release to the obligee or the child support            7,208        

enforcement agency upon written request any necessary information  7,209        

on the health insurance coverage of the obligor, including, but    7,210        

not limited to, the name and address of the insurer and any        7,211        

policy, contract, or plan number, and to otherwise comply with     7,212        

this section and any court order issued under this section;        7,213        

      (12)  A statement setting forth the full name and date of    7,215        

birth of each child who is the subject of the administrative       7,216        

child support order;                                               7,217        

      (13)  A requirement that the obligor and the obligee comply  7,219        

with any requirement described in division (B)(1), (2), (3), (4),  7,220        

or (7) of this section that is contained in the order issued       7,221        

                                                          162    

                                                                 
under this section no later than thirty days after the issuance    7,222        

of the order.                                                      7,223        

      (C)  If an administrative officer of a child support         7,225        

enforcement agency issues an administrative support order under    7,226        

section 3111.20, 3111.21, or 3111.22 of the Revised Code, the      7,227        

child support enforcement agency, in addition to any requirements  7,229        

in those sections and in lieu of an order issued under division    7,230        

(B) of this section, may issue a separate order requiring both     7,231        

the obligor and the obligee to obtain health insurance coverage    7,232        

for the children who are the subject of the administrative child   7,233        

support order, if health insurance coverage is available for the   7,234        

children and if the agency determines that the coverage is         7,235        

available at a reasonable cost to both the obligor and the         7,236        

obligee and that the dual coverage by both parents would provide   7,237        

for coordination of medical benefits without unnecessary           7,238        

duplication of coverage.  If the agency issues an order under      7,239        

this division, it shall include in the order any of the            7,240        

requirements, notices, and information set forth in divisions      7,241        

(B)(1) to (13) of this section that are applicable.                7,242        

      (D)  Any administrative order issued under this section      7,244        

shall be binding upon the obligor and the obligee, their           7,245        

employers, and any insurer that provides health insurance          7,246        

coverage for either of them or their children.  The agency shall   7,247        

send a copy of any administrative order issued under this section  7,248        

that contains any requirement or notice described in division      7,249        

(B)(1), (2), (3), (4), (7), (8), or (10) of this section by        7,250        

ordinary mail to the obligor, the obligee, and any employer that   7,251        

is subject to the administrative order.  The agency shall send a   7,252        

copy of any administrative order issued under this section that    7,253        

contains any requirement contained in division (B)(9) of this      7,254        

section by ordinary mail to the obligor and obligee.               7,255        

      (E)  If an obligor does not comply with any administrative   7,257        

order issued under this section that contains any requirement or   7,258        

notice described in division (B)(1), (2), (4), (7), (8), or (10)   7,259        

                                                          163    

                                                                 
of this section within thirty days after the administrative order  7,260        

is issued, the child support enforcement agency shall notify the   7,261        

court of common pleas of the county in which the agency is         7,262        

located in writing of the failure of the obligor to comply with    7,263        

the administrative order.  Upon receipt of the notice from the     7,264        

agency, the court shall issue an order to the employer of the      7,265        

obligor requiring the employer to take whatever action is          7,266        

necessary to make application to enroll the obligor in any         7,267        

available group health insurance or health care policy, contract,  7,268        

or plan with coverage for the children who are the subject of the  7,269        

administrative child support order, to submit a copy of the        7,270        

administrative order issued pursuant to division (B) of this       7,271        

section to the insurer at the time that the employer makes         7,272        

application to enroll the children in the health insurance or      7,273        

health care policy, contract, or plan, and, if the obligor's       7,274        

application is accepted, to deduct from the wages or other income  7,275        

of the obligor the cost of the coverage for the children.  Upon    7,276        

receipt of any court order under this division, the employer       7,277        

shall take whatever action is necessary to comply with the court   7,278        

order.                                                             7,279        

      During the time that any administrative or court order       7,281        

issued under this section is in effect and after the employer has  7,282        

received a copy of the administrative or court order, the          7,283        

employer of the obligor who is the subject of the administrative   7,284        

or court order shall comply with the administrative or court       7,285        

order and, upon request from the obligee or agency, shall release  7,286        

to the obligee and the child support enforcement agency all        7,287        

information about the obligor's health insurance coverage that is  7,288        

necessary to ensure compliance with this section or any            7,289        

administrative or court order issued under this section,           7,290        

including, but not limited to, the name and address of the         7,291        

insurer and any policy, contract, or plan number.  Any             7,292        

information provided by an employer pursuant to this division      7,293        

shall be used only for the purpose of the enforcement of an        7,294        

                                                          164    

                                                                 
administrative or court order issued under this section.           7,295        

      Any employer who receives a copy of an administrative or     7,297        

court order issued under this section shall notify the child       7,298        

support enforcement agency of any change in or the termination of  7,299        

the obligor's health insurance coverage that is maintained         7,300        

pursuant to an order issued under this section.                    7,301        

      (F)  Any insurer that receives a copy of an administrative   7,303        

order issued under this section shall comply with this section     7,304        

and any administrative order issued under this section,            7,305        

regardless of the residence of the children.  If an insurer        7,306        

provides health insurance coverage for the children who are the    7,307        

subject of an administrative child support order in accordance     7,308        

with an order issued under this section, the insurer shall         7,309        

reimburse the parent, who is designated to receive reimbursement   7,310        

in the administrative order issued under this section, for         7,311        

covered out-of-pocket medical, optical, hospital, dental, or       7,312        

prescription expenses incurred on behalf of the children subject   7,313        

to the administrative order.                                       7,314        

      (G)  If an obligee under an administrative child support     7,316        

order is eligible for medical assistance under Chapter 5111. or    7,317        

5115. of the Revised Code and the obligor has obtained health      7,318        

insurance coverage pursuant to an administrative order issued      7,319        

under division (B) of this section, the obligee shall notify any   7,320        

physician, hospital, or other provider of medical services for     7,321        

which medical assistance is available of the name and address of   7,322        

the obligor's insurer and of the number of the obligor's health    7,323        

insurance or health care policy, contract, or plan.  Any           7,324        

physician, hospital, or other provider of medical services for     7,325        

which medical assistance is available under Chapter 5111. or       7,326        

5115. of the Revised Code who is notified under this division of   7,327        

the existence of a health insurance or health care policy,         7,328        

contract, or plan with coverage for children who are eligible for  7,329        

medical assistance first shall bill the insurer for any services   7,330        

provided for those children.  If the insurer fails to pay all or   7,331        

                                                          165    

                                                                 
any part of a claim filed under this division by the physician,    7,332        

hospital, or other medical services provider and the services for  7,333        

which the claim is filed are covered by Chapter 5111. or 5115. of  7,334        

the Revised Code, the physician, hospital, or other medical        7,336        

services provider shall bill the remaining unpaid costs of the     7,337        

services in accordance with Chapter 5111. or 5115. of the Revised  7,338        

Code.                                                                           

      (H)  Any obligor who fails to comply with an administrative  7,340        

order issued under this section is liable to the obligee for any   7,341        

medical expenses incurred as a result of the failure to comply     7,342        

with the administrative order.                                     7,343        

      (I)  Nothing in this section shall be construed to require   7,345        

an insurer to accept for enrollment any child who does not meet    7,346        

the underwriting standards of the health insurance or health care  7,347        

policy, contract, or plan for which application is made.           7,348        

      (J)  If any person fails to comply with an administrative    7,350        

order issued under this section, the agency may bring an action    7,351        

under section 3111.242 of the Revised Code in the juvenile court   7,352        

of the county in which the agency is located requesting the court  7,353        

to find the obligor or any other person in contempt pursuant to    7,355        

section 2705.02 of the Revised Code.                                            

      Sec. 3113.217.  (A)  As used in this section:                7,364        

      (1)  "Obligor," "obligee," and "child support enforcement    7,366        

agency" have the same meanings as in section 3113.21 of the        7,367        

Revised Code.                                                      7,368        

      (2)  "Insurer" means any person that is authorized to        7,370        

engage in the business of insurance in this state under Title      7,371        

XXXIX of the Revised Code;, any prepaid dental plan, medical care  7,373        

corporation, health care INSURING corporation, dental care         7,375        

corporation, or health maintenance organization; and any legal     7,376        

entity that is self-insured and provides benefits to its           7,377        

employees or members.                                                           

      (B)  In any action or proceeding in which a child support    7,379        

order is issued or modified on or after July 1, 1990, under        7,380        

                                                          166    

                                                                 
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36,      7,381        

2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     7,383        

3113.07, 3113.216, or 3113.31 of the Revised Code, the child       7,385        

support enforcement agency shall determine whether the obligor or  7,386        

obligee has satisfactory health insurance coverage, other than     7,387        

medical assistance under Title XIX of the "Social Security Act,"   7,388        

49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for the children   7,389        

who are the subject of the child support order.  If the agency     7,390        

determines that neither the obligor nor the obligee has            7,391        

satisfactory health insurance coverage for the children, it shall  7,392        

file a motion with the court requesting the court to issue an      7,393        

order in accordance with divisions (C) to (K) of this section.     7,394        

      (C)  In any action or proceeding in which a child support    7,396        

order is issued or modified on or after July 1, 1990, under        7,397        

Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36,      7,398        

2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04,     7,400        

3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to  7,402        

any requirements in those sections, the court also shall issue a   7,403        

separate order that includes all of the following:                 7,404        

      (1)  A requirement that the obligor under the child support  7,406        

order obtain health insurance coverage for the children who are    7,407        

the subject of the child support order from an insurer that        7,408        

provides a group health insurance or health care policy,           7,409        

contract, or plan that is specified in the order and a             7,410        

requirement that the obligor, no later than thirty days after the  7,411        

issuance of the order under division (C)(1) of this section,       7,412        

furnish written proof to the child support enforcement agency      7,413        

that the required health insurance coverage has been obtained, if  7,414        

that coverage is available at a reasonable cost through a group    7,415        

health insurance or health care policy, contract, or plan offered  7,416        

by the obligor's employer or through any other group health        7,417        

insurance or health care policy, contract, or plan available to    7,418        

the obligor and if health insurance coverage for the children is   7,419        

not available for a more reasonable cost through a group health    7,420        

                                                          167    

                                                                 
insurance or health care policy, contract, or plan available to    7,421        

the obligee under the child support order;                         7,422        

      (2)  If the obligor is required under division (C)(1) of     7,424        

this section to obtain health insurance coverage for the children  7,425        

who are the subject of the child support order, a requirement      7,426        

that the obligor supply the obligee with information regarding     7,427        

the benefits, limitations, and exclusions of the health insurance  7,428        

coverage, copies of any insurance forms necessary to receive       7,429        

reimbursement, payment, or other benefits under the health         7,430        

insurance coverage, and a copy of any necessary insurance cards,   7,431        

a requirement that the obligor submit a copy of the court order    7,432        

issued pursuant to division (C) of this section to the insurer at  7,433        

the time that the obligor makes application to enroll the          7,434        

children in the health insurance or health care policy, contract,  7,435        

or plan, and a requirement that the obligor, no later than thirty  7,436        

days after the issuance of the order under division (C)(2) of      7,437        

this section, furnish written proof to the child support           7,438        

enforcement agency that division (C)(2) of this section has been   7,439        

complied with;                                                     7,440        

      (3)  A requirement that the obligee under the child support  7,442        

order obtain health insurance coverage for the children who are    7,443        

the subject of the child support order from an insurer that        7,444        

provides a group health insurance or health care policy,           7,445        

contract, or plan that is specified in the order and a             7,446        

requirement that the obligee, no later than thirty days after the  7,447        

issuance of the order under division (C)(1) of this section,       7,448        

furnish written proof to the child support enforcement agency      7,449        

that the required health insurance coverage has been obtained, if  7,450        

that coverage is available through a group health insurance or     7,451        

health care policy, contract, or plan offered by the obligee's     7,452        

employer or through any other group health insurance or health     7,453        

care policy, contract, or plan available to the obligee and if     7,454        

that coverage is available at a more reasonable cost than health   7,455        

insurance coverage for the children through a group health         7,456        

                                                          168    

                                                                 
insurance or health care policy, contract, or plan available to    7,457        

the obligor;                                                       7,458        

      (4)  If the obligee is required under division (C)(3) of     7,460        

this section to obtain health insurance coverage for the children  7,461        

who are the subject of the child support order, a requirement      7,462        

that the obligee submit a copy of the court order issued pursuant  7,463        

to division (C) of this section to the insurer at the time that    7,464        

the obligee makes application to enroll the children in the        7,465        

health insurance or health care policy, contract, or plan;         7,466        

      (5)  A list of the group health insurance and health care    7,468        

policies, contracts, and plans that the court determines are       7,469        

available at a reasonable cost to the obligor or to the obligee    7,470        

and the name of the insurer that issues each policy, contract, or  7,471        

plan;                                                              7,472        

      (6)  A statement setting forth the name, address, and        7,474        

telephone number of the individual who is to be reimbursed for     7,475        

out-of-pocket medical, optical, hospital, dental, or prescription  7,476        

expenses paid for each child who is the subject of the support     7,477        

order and a statement that the insurer that provides the health    7,478        

insurance coverage for the children may continue making payment    7,479        

for medical, optical, hospital, dental, or prescription services   7,480        

directly to any health care provider in accordance with the        7,481        

applicable health insurance or health care policy, contract, or    7,482        

plan;                                                              7,483        

      (7)  A requirement that the obligor and the obligee          7,485        

designate the children who are the subject of the child support    7,486        

order as covered dependents under any health insurance or health   7,487        

care policy, contract, or plan for which they contract;            7,488        

      (8)  A requirement that the obligor, the obligee, or both    7,490        

of them under a formula established by the court pay co-payment    7,491        

or deductible costs required under the health insurance or health  7,492        

care policy, contract, or plan that covers the children;           7,493        

      (9)  If health insurance coverage for the children who are   7,495        

the subject of the order is not available at a reasonable cost     7,496        

                                                          169    

                                                                 
through a group health insurance or health care policy, contract,  7,497        

or plan offered by the obligor's employer or through any other     7,498        

group health insurance or health care policy, contract, or plan    7,499        

available to the obligor and is not available at a reasonable      7,500        

cost through a group health insurance or health care policy,       7,501        

contract, or plan offered by the obligee's employer or through     7,502        

any other group health insurance or health care policy, contract,  7,503        

or plan available to the obligee, a requirement that the obligor   7,504        

and the obligee share liability for the cost of the medical and    7,505        

health care needs of the children who are the subject of the       7,506        

order, under an equitable formula established by the court, and a  7,507        

requirement that if, after the issuance of the order, health       7,508        

insurance coverage for the children who are the subject of the     7,509        

order becomes available at a reasonable cost through a group       7,510        

health insurance or health care policy, contract, or plan offered  7,511        

by the obligor's or obligee's employer or through any other group  7,512        

health insurance or health care policy, contract, or plan          7,513        

available to the obligor or obligee, the obligor or obligee to     7,514        

whom the coverage becomes available immediately inform the court   7,515        

of that fact.;                                                     7,516        

      (10)  A notice that, if the obligor is required under        7,518        

divisions (C)(1) and (2) of this section to obtain health          7,519        

insurance coverage for the children who are the subject of the     7,520        

child support order and if the obligor fails to comply with the    7,521        

requirements of those divisions, the court immediately shall       7,522        

issue an order to the employer of the obligor, upon written        7,523        

notice from the child support enforcement agency, requiring the    7,524        

employer to take whatever action is necessary to make application  7,525        

to enroll the obligor in any available group health insurance or   7,526        

health care policy, contract, or plan with coverage for the        7,527        

children who are the subject of the child support order, to        7,528        

submit a copy of the court order issued pursuant to division (C)   7,529        

of this section to the insurer at the time that the employer       7,530        

makes application to enroll the children in the health insurance   7,531        

                                                          170    

                                                                 
or health care policy, contract, or plan, and, if the obligor's    7,532        

application is accepted, to deduct any additional amount from the  7,533        

obligor's earnings necessary to pay any additional cost for that   7,534        

health insurance coverage;                                         7,535        

      (11)  A notice that during the time that an order under      7,537        

this section is in effect, the employer of the obligor is          7,538        

required to release to the obligee or the child support            7,539        

enforcement agency upon written request any necessary information  7,540        

on the health insurance coverage of the obligor, including, but    7,541        

not limited to, the name and address of the insurer and any        7,542        

policy, contract, or plan number, and to otherwise comply with     7,543        

this section and any court order issued under this section;        7,544        

      (12)  A statement setting forth the full name and date of    7,546        

birth of each child who is the subject of the child support        7,547        

order;                                                             7,548        

      (13)  A requirement that the obligor and the obligee comply  7,550        

with any requirement described in division (C)(1), (2), (3), (4),  7,551        

or (7) of this section that is contained in the order issued       7,552        

under this section no later than thirty days after the issuance    7,553        

of the order.                                                      7,554        

      (D)  In any action in which a child support order is issued  7,556        

or modified on or after July 1, 1990, under Chapter 3115. or       7,557        

section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18,     7,558        

3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216,    7,560        

or 3113.31 of the Revised Code, the court, in addition to any      7,561        

requirements in those sections and in lieu of an order issued      7,562        

under division (C) of this section, may issue a separate order     7,563        

requiring both the obligor and the obligee to obtain health        7,564        

insurance coverage for the children who are the subject of the     7,565        

child support order, if health insurance coverage is available     7,566        

for the children and if the court determines that the coverage is  7,567        

available at a reasonable cost to both the obligor and the         7,568        

obligee and that the dual coverage by both parents would provide   7,569        

for coordination of medical benefits without unnecessary           7,570        

                                                          171    

                                                                 
duplication of coverage.  If the court issues an order under this  7,571        

division, it shall include in the order any of the requirements,   7,572        

notices, and information set forth in divisions (C)(1) to (13) of  7,573        

this section that are applicable.                                  7,574        

      (E)  Any order issued under this section shall be binding    7,576        

upon the obligor and the obligee, their employers, and any         7,577        

insurer that provides health insurance coverage for either of      7,578        

them or their children.  The court shall send a copy of any order  7,579        

issued under this section that contains any requirement or notice  7,580        

described in division (C)(1), (2), (3), (4), (7), (8), or (10) of  7,581        

this section by ordinary mail to the obligor, the obligee, and     7,582        

any employer that is subject to the order.  The court shall send   7,583        

a copy of any order issued under this section that contains any    7,584        

requirement contained in division (C)(9) of this section by        7,585        

ordinary mail to the obligor and obligee.                          7,586        

      (F)  If an obligor does not comply with any order issued     7,588        

under this section that contains any requirement or notice         7,589        

described in division (C)(1), (2), (4), (7), (8), or (10) of this  7,590        

section within thirty days after the order is issued, the child    7,591        

support enforcement agency shall notify the court in writing of    7,592        

the failure of the obligor to comply with the order.  Upon         7,593        

receipt of the notice from the agency, the court shall issue an    7,594        

order to the employer of the obligor requiring the employer to     7,595        

take whatever action is necessary to make application to enroll    7,596        

the obligor in any available group health insurance or health      7,597        

care policy, contract, or plan with coverage for the children who  7,598        

are the subject of the child support order, to submit a copy of    7,599        

the court order issued pursuant to division (C) of this section    7,600        

to the insurer at the time that the employer makes application to  7,601        

enroll the children in the health insurance or health care         7,602        

policy, contract, or plan, and, if the obligor's application is    7,603        

accepted, to deduct from the wages or other income of the obligor  7,604        

the cost of the coverage for the children.  Upon receipt of any    7,605        

order under this division, the employer shall take whatever        7,606        

                                                          172    

                                                                 
action is necessary to comply with the order.                      7,607        

      During the time that any order issued under this section is  7,609        

in effect and after the employer has received a copy of the        7,610        

order, the employer of the obligor who is the subject of the       7,611        

order shall comply with the order and, upon request from the       7,612        

obligee or agency, shall release to the obligee and the child      7,613        

support enforcement agency all information about the obligor's     7,614        

health insurance coverage that is necessary to ensure compliance   7,615        

with this section or any order issued under this section,          7,616        

including, but not limited to, the name and address of the         7,617        

insurer and any policy, contract, or plan number.  Any             7,618        

information provided by an employer pursuant to this division      7,619        

shall be used only for the purpose of the enforcement of an order  7,620        

issued under this section.                                         7,621        

      Any employer who receives a copy of an order issued under    7,623        

this section shall notify the child support enforcement agency of  7,624        

any change in or the termination of the obligor's health           7,625        

insurance coverage that is maintained pursuant to an order issued  7,626        

under this section.                                                7,627        

      (G)  Any insurer that receives a copy of an order issued     7,629        

under this section shall comply with this section and any order    7,630        

issued under this section, regardless of the residence of the      7,631        

children.  If an insurer provides health insurance coverage for    7,632        

the children who are the subject of a child support order in       7,633        

accordance with an order issued under this section, the insurer    7,634        

shall reimburse the parent, who is designated to receive           7,635        

reimbursement in the order issued under this section, for covered  7,636        

out-of-pocket medical, optical, hospital, dental, or prescription  7,637        

expenses incurred on behalf of the children subject to the order.  7,638        

      (H)  If an obligee under a child support order is eligible   7,640        

for medical assistance under Chapter 5111. or 5115. of the         7,641        

Revised Code and the obligor has obtained health insurance         7,642        

coverage pursuant to an order issued under division (C) of this    7,643        

section, the obligee shall notify any physician, hospital, or      7,644        

                                                          173    

                                                                 
other provider of medical services for which medical assistance    7,645        

is available of the name and address of the obligor's insurer and  7,646        

of the number of the obligor's health insurance or health care     7,647        

policy, contract, or plan.  Any physician, hospital, or other      7,648        

provider of medical services for which medical assistance is       7,649        

available under Chapter 5111. or 5115. of the Revised Code who is  7,650        

notified under this division of the existence of a health          7,651        

insurance or health care policy, contract, or plan with coverage   7,652        

for children who are eligible for medical assistance first shall   7,653        

bill the insurer for any services provided for those children.     7,654        

If the insurer fails to pay all or any part of a claim filed       7,655        

under this division by the physician, hospital, or other medical   7,656        

services provider and the services for which the claim is filed    7,657        

are covered by Chapter 5111. or 5115. of the Revised Code, the     7,658        

physician, hospital, or other medical services provider shall      7,659        

bill the remaining unpaid costs of the services in accordance      7,660        

with Chapter 5111. or 5115. of the Revised Code.                   7,661        

      (I)  Any obligor who fails to comply with an order issued    7,663        

under this section is liable to the obligee for any medical        7,664        

expenses incurred as a result of the failure to comply with the    7,665        

order.                                                             7,666        

      (J)  Whoever violates an order issued under this section     7,668        

may be punished as for contempt under Chapter 2705. of the         7,669        

Revised Code.  If an obligor is found in contempt under that       7,670        

chapter for failing to comply with an order issued under this      7,671        

section and if the obligor previously has been found in contempt   7,672        

under that chapter, the court shall consider the obligor's         7,673        

failure to comply with the court's order as a change in            7,674        

circumstances for the purpose of modification of the amount of     7,675        

support due under the child support order that is the basis of     7,676        

the order issued under this section.                               7,677        

      (K)  Nothing in this section shall be construed to require   7,679        

an insurer to accept for enrollment any child who does not meet    7,680        

the underwriting standards of the health insurance or health care  7,681        

                                                          174    

                                                                 
policy, contract, or plan for which application is made.           7,682        

      (L)  Notwithstanding section 3109.01 of the Revised Code,    7,684        

if a court issues an order under this section requiring a parent   7,685        

to obtain health insurance coverage for the children who are the   7,686        

subject of a child support order, the order shall remain in        7,687        

effect beyond the child's eighteenth birthday as long as the       7,688        

child continuously attends on a full-time basis any recognized     7,689        

and accredited high school.  Any parent ordered to obtain health   7,690        

insurance coverage for the children who are the subject of a       7,691        

child support order shall continue to obtain the coverage for the  7,692        

children under the order, including during seasonal vacation       7,693        

periods, until the order terminates.                               7,694        

      Sec. 3307.74.  (A)  The state teachers retirement board may  7,703        

enter into an agreement with insurance companies, medical or       7,704        

health care INSURING corporations, health maintenance              7,705        

organizations, or government agencies authorized to do business    7,707        

in the state for issuance of a policy or contract of health,       7,708        

medical, hospital, or surgical benefits, or any combination        7,709        

thereof, for those individuals receiving service retirement or a   7,710        

disability or survivor benefit subscribing to the plan.            7,712        

Notwithstanding any other provision of this chapter, the policy    7,714        

or contract may also include coverage for any eligible                          

individual's spouse and dependent children and for any of the      7,716        

individual's sponsored dependents as the board considers           7,717        

appropriate.  If all or any portion of the policy or contract      7,718        

premium is to be paid by any individual receiving service          7,719        

retirement or a disability or survivor benefit, the individual     7,720        

shall, by written authorization, instruct the board to deduct the  7,722        

premium agreed to be paid by the individual to the companies,      7,723        

associations, corporations, or agencies.                           7,724        

      The board may contract for coverage on the basis of part or  7,727        

all of the cost of the coverage to be paid from appropriate funds  7,728        

of the state teachers retirement system.  The cost paid from the   7,729        

funds of the system shall be included in the employer's            7,731        

                                                          175    

                                                                 
contribution rate provided by section 3307.53 of the Revised       7,732        

Code.                                                                           

      The board may provide for self-insurance of risk or level    7,734        

of risk as set forth in the contract with the companies,           7,735        

corporations, or agencies, and may provide through the             7,736        

self-insurance method specific benefits as authorized by the       7,737        

rules of the board.                                                7,738        

      (B)  If the board provides health, medical, hospital, or     7,740        

surgical benefits through any means other than a health            7,741        

maintenance organization INSURING CORPORATION, it shall offer to   7,742        

each individual eligible for the benefits the alternative of       7,745        

receiving benefits through enrollment in a health maintenance                   

organization INSURING CORPORATION, if all of the following apply:  7,747        

      (1)  The health maintenance organization INSURING            7,749        

CORPORATION provides HEALTH CARE services in the geographical      7,751        

area in which the individual lives;                                7,752        

      (2)  The eligible individual was receiving health care       7,754        

benefits through a health maintenance organization OR A HEALTH     7,756        

INSURING CORPORATION before retirement;                            7,757        

      (3)  The rate and coverage provided by the health            7,759        

maintenance organization INSURING CORPORATION to eligible          7,760        

individuals is comparable to that currently provided by the board  7,763        

under division (A) of this section.  If the rate or coverage       7,764        

provided by the health maintenance organization INSURING           7,765        

CORPORATION is not comparable to that currently provided by the    7,767        

board under division (A) of this section, the board may deduct     7,768        

the additional cost from the eligible individual's monthly         7,769        

benefit.                                                                        

      The health maintenance organization INSURING CORPORATION     7,771        

shall accept as an enrollee any eligible individual who requests   7,773        

enrollment.                                                                     

      The board shall permit each eligible individual to change    7,775        

from one plan to another at least once a year at a time            7,776        

determined by the board.                                           7,777        

                                                          176    

                                                                 
      (C)  The board shall, beginning the month following receipt  7,779        

of satisfactory evidence of the payment for coverage, make a       7,780        

monthly payment to each recipient of service retirement, or a      7,781        

disability or survivor benefit under the state teachers            7,782        

retirement system who is eligible for insurance coverage under     7,783        

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  7,784        

42 U.S.C.A. 1395j, as amended.  The payment shall be the lesser    7,785        

of an amount equal to the basic premium for such coverage, or an   7,787        

amount equal to the basic premium in effect on April 10, 1991.     7,788        

      (D)  The board shall establish by rule requirements for the  7,790        

coordination of any coverage, payment, or benefit provided under   7,792        

this section or section 3307.405 of the Revised Code with any      7,794        

similar coverage, payment, or benefit made available to the same   7,795        

individual by the public employees retirement system, police and   7,796        

firemen's disability and pension fund, school employees            7,797        

retirement system, or state highway patrol retirement system.      7,798        

      (E)  The board shall make all other necessary rules          7,800        

pursuant to the purpose and intent of this section.                7,801        

      Sec. 3307.741.  The state teachers retirement board shall    7,810        

establish a program under which members of the retirement system,  7,811        

employers on behalf of members, and persons receiving service,     7,812        

disability, or survivor benefits are permitted to participate in   7,813        

contracts for long-term health care insurance.  Participation may  7,814        

include dependents and family members.  If a participant in a      7,815        

contract for long-term care insurance leaves his employment, he    7,816        

THE PARTICIPANT and his THE PARTICIPANT'S dependents and family    7,818        

members may, at their election, continue to participate in a       7,820        

program established under this section in the same manner as if    7,821        

he THE PARTICIPANT had not left his employment, except that no     7,823        

part of the cost of the insurance shall be paid by his THE         7,824        

PARTICIPANT'S former employer.                                                  

      Such program may be established independently or jointly     7,826        

with one or more of the other retirement systems.  For purposes    7,827        

of this section, "retirement systems" has the same meaning as in   7,828        

                                                          177    

                                                                 
division (A) of section 145.581 of the Revised Code.               7,829        

      The board may enter into an agreement with insurance         7,831        

companies, medical or health care INSURING corporations, health    7,833        

maintenance organizations, or government agencies authorized to                 

do business in the state for issuance of a long-term care          7,834        

insurance policy or contract.   However, prior to entering into    7,835        

such an agreement with an insurance company, medical or health     7,836        

care INSURING corporation, or health maintenance organization,     7,838        

the board shall request the superintendent of insurance to                      

certify the financial condition of the company, OR corporation,    7,840        

or organization.  The board shall not enter into the agreement     7,841        

if, according to that certification, the company, OR corporation,  7,842        

or organization is insolvent, is determined by the superintendent  7,843        

to be potentially unable to fulfill its contractual obligations,   7,845        

or is placed under an order of rehabilitation or conservation by   7,846        

a court of competent jurisdiction or under an order of             7,847        

supervision by the superintendent.                                 7,848        

      The board shall adopt rules in accordance with section       7,850        

111.15 of the Revised Code governing the program.  The rules       7,851        

shall establish methods of payment for participation under this    7,852        

section, which may include establishment of a payroll deduction    7,853        

plan under section 3307.281 of the Revised Code, deduction of the  7,854        

full premium charged from a person's service, disability, or       7,855        

survivor benefit, or any other method of payment considered        7,856        

appropriate by the board.  If the program is established jointly   7,857        

with one or more of the other retirement systems, the rules also   7,858        

shall establish the terms and conditions of such joint             7,859        

participation.                                                     7,860        

      Sec. 3309.69.  (A)  As used in this section, "ineligible     7,869        

individual" means all of the following:                            7,870        

      (1)  A former member receiving benefits pursuant to section  7,872        

3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     7,873        

Code for whom eligibility is established more than five years      7,874        

after June 13, 1981, and who, at the time of establishing          7,875        

                                                          178    

                                                                 
eligibility, has accrued less than ten years of service credit,    7,876        

exclusive of credit obtained after January 29, 1981, pursuant to   7,877        

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   7,878        

Code;                                                              7,879        

      (2)  The spouse of the former member;                        7,881        

      (3)  The beneficiary of the former member receiving          7,883        

benefits pursuant to section 3309.46 of the Revised Code.          7,884        

      (B)  The school employees retirement board may enter into    7,886        

an agreement with insurance companies, medical or health care      7,887        

INSURING corporations, health maintenance organizations, or        7,889        

government agencies authorized to do business in the state for     7,890        

issuance of a policy or contract of health, medical, hospital, or  7,891        

surgical benefits, or any combination thereof, for those           7,892        

individuals receiving service retirement or a disability or        7,893        

survivor benefit subscribing to the plan and their eligible        7,895        

dependents.                                                                     

      If all or any portion of the policy or contract premium is   7,897        

to be paid by any individual receiving service retirement or a     7,899        

disability or survivor benefit, the person shall, by written       7,900        

authorization, instruct the board to deduct the premiums agreed    7,901        

to be paid by the individual to the companies, corporations, or    7,903        

agencies.                                                                       

      The board may contract for coverage on the basis of part or  7,906        

all of the cost of the coverage to be paid from appropriate funds  7,907        

of the school employees retirement system.  The cost paid from     7,908        

the funds of the system shall be included in the employer's        7,910        

contribution rate provided by sections 3309.49 and 3309.491 of     7,911        

the Revised Code.  The board shall not pay or reimburse the cost   7,912        

for health care under this section or section 3309.375 of the      7,913        

Revised Code for any ineligible individual.                        7,914        

      The board may provide for self-insurance of risk or level    7,916        

of risk as set forth in the contract with the companies,           7,917        

corporations, or agencies, and may provide through the             7,918        

self-insurance method specific benefits as authorized by the       7,919        

                                                          179    

                                                                 
rules of the board.                                                7,920        

      (C)  If the board provides health, medical, hospital, or     7,922        

surgical benefits through any means other than a health            7,923        

maintenance organization INSURING CORPORATION, it shall offer to   7,924        

each individual eligible for the benefits the alternative of       7,927        

receiving benefits through enrollment in a health maintenance      7,929        

organization INSURING CORPORATION, if all of the following apply:  7,931        

      (1)  The health maintenance organization INSURING            7,933        

CORPORATION provides HEALTH CARE services in the geographical      7,935        

area in which the individual lives;                                7,936        

      (2)  The eligible individual was receiving health care       7,938        

benefits through a health maintenance organization OR A HEALTH     7,939        

INSURING CORPORATION before retirement;                            7,941        

      (3)  The rate and coverage provided by the health            7,943        

maintenance organization INSURING CORPORATION to eligible          7,944        

individuals is comparable to that currently provided by the board  7,946        

under division (B) of this section.  If the rate or coverage       7,947        

provided by the health maintenance organization INSURING           7,948        

CORPORATION is not comparable to that currently provided by the    7,950        

board under division (B) of this section, the board may deduct     7,951        

the additional cost from the eligible individual's monthly         7,952        

benefit.                                                                        

      The health maintenance organization INSURING CORPORATION     7,954        

shall accept as an enrollee any eligible individual who requests   7,956        

enrollment.                                                                     

      The board shall permit each eligible individual to change    7,958        

from one plan to another at least once a year at a time            7,959        

determined by the board.                                           7,960        

      (D)  The board shall, beginning the month following receipt  7,962        

of satisfactory evidence of the payment for coverage, make a       7,963        

monthly payment to each recipient of service retirement, or a      7,964        

disability or survivor benefit under the school employees          7,965        

retirement system who is eligible for insurance coverage under     7,966        

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  7,967        

                                                          180    

                                                                 
42 U.S.C.A. 1395j, as amended, except that the board shall make    7,968        

no such payment to any ineligible individual.  The amount of the   7,969        

payment shall be the lesser of an amount equal to the basic        7,970        

premium for such coverage, or an amount equal to the basic         7,972        

premium in effect on January 1, 1988.                                           

      (E)  The board shall establish by rule requirements for the  7,974        

coordination of any coverage, payment, or benefit provided under   7,976        

this section or section 3309.375 of the Revised Code with any      7,978        

similar coverage, payment, or benefit made available to the same   7,979        

individual by the public employees retirement system, police and   7,980        

firemen's disability and pension fund, state teachers retirement   7,981        

system, or state highway patrol retirement system.                 7,982        

      (F)  The board shall make all other necessary rules          7,984        

pursuant to the purpose and intent of this section.                7,985        

      Sec. 3309.691.  The school employees retirement board shall  7,994        

establish a program under which members of the retirement system,  7,995        

employers on behalf of members, and persons receiving service,     7,996        

disability, or survivor benefits are permitted to participate in   7,997        

contracts for long-term health care insurance.  Participation may  7,998        

include dependents and family members.  If a participant in a      7,999        

contract for long-term care insurance leaves his employment, he    8,000        

THE PARTICIPANT and his THE PARTICIPANT'S dependents and family    8,002        

members may, at their election, continue to participate in a                    

program established under this section in the same manner as if    8,003        

he THE PARTICIPANT had not left his employment, except that no     8,004        

part of the cost of the insurance shall be paid by his THE         8,005        

PARTICIPANT'S former employer.                                     8,006        

      Such program may be established independently or jointly     8,008        

with one or more of the other retirement systems.  For purposes    8,009        

of this section, "retirement systems" has the same meaning as in   8,010        

division (A) of section 145.581 of the Revised Code.               8,011        

      The board may enter into an agreement with insurance         8,013        

companies, medical or health care INSURING corporations, health    8,015        

maintenance organizations, or government agencies authorized to                 

                                                          181    

                                                                 
do business in the state for issuance of a long-term care          8,016        

insurance policy or contract.  However, prior to entering into     8,017        

such an agreement with an insurance company, medical or health     8,018        

care INSURING corporation, or health maintenance organization,     8,020        

the board shall request the superintendent of insurance to                      

certify the financial condition of the company, OR corporation,    8,022        

or organization.  The board shall not enter into the agreement     8,023        

if, according to that certification, the company, OR corporation,  8,024        

or organization is insolvent, is determined by the superintendent  8,025        

to be potentially unable to fulfill its contractual obligations,   8,027        

or is placed under an order of rehabilitation or conservation by   8,028        

a court of competent jurisdiction or under an order of             8,029        

supervision by the superintendent.                                 8,030        

      The board shall adopt rules in accordance with section       8,032        

111.15 of the Revised Code governing the program.  The rules       8,033        

shall establish methods of payment for participation under this    8,034        

section, which may include establishment of a payroll deduction    8,035        

plan under section 3309.27 of the Revised Code, deduction of the   8,036        

full premium charged from a person's service, disability, or       8,037        

survivor benefit, or any other method of payment considered        8,038        

appropriate by the board.  If the program is established jointly   8,039        

with one or more of the other retirement systems, the rules also   8,040        

shall establish the terms and conditions of such joint             8,041        

participation.                                                     8,042        

      Sec. 3313.202.  (A)  The board of education of a school      8,051        

district may procure and pay all or part of the cost of group      8,052        

term life, hospitalization, surgical care, or major medical        8,053        

insurance, disability, dental care, vision care, medical care,     8,054        

hearing aids, prescription drugs, sickness and accident            8,055        

insurance, group legal services, or a combination of any of the    8,056        

foregoing types of insurance or coverage, whether issued by an     8,057        

insurance company or a medical care corporation, health care       8,058        

INSURING corporation, dental care corporation, or health           8,060        

maintenance organization duly licensed by this state, covering     8,061        

                                                          182    

                                                                 
the teaching or nonteaching employees of the school district, or   8,062        

a combination of both, or the dependent children and spouses of    8,063        

such employees, provided if such coverage affects only the         8,064        

teaching employees of the district such coverage shall be with     8,065        

the consent of a majority of such employees of the school          8,066        

district, or if such coverage affects only the nonteaching         8,067        

employees of the district such coverage shall be with the consent  8,068        

of a majority of such employees.  If such coverage is proposed to  8,069        

cover all the employees of a school district, both teaching and    8,070        

nonteaching employees, such coverage shall be with the consent of  8,071        

a majority of all the employees of a school district.  A board of  8,072        

education shall continue to carry, on payroll records, all school  8,073        

employees whose sick leave accumulation has expired, or who are    8,074        

on a disability leave of absence or an approved leave of absence,  8,075        

for the purpose of group term life, hospitalization, surgical,     8,076        

major medical, or any other insurance.  A board of education may   8,077        

pay all or part of such coverage except when such employees are    8,078        

on an approved leave of absence, or on a disability leave of       8,079        

absence for that period exceeding two years.  As used in this      8,080        

section, "teaching employees" means any person employed in the     8,081        

public schools of this state in a position for which the person    8,082        

is required to have a certificate or license pursuant to sections  8,083        

3319.22 to 3319.31 of the Revised Code.  "Nonteaching employees"   8,084        

as used in this section means any person employed in the public    8,085        

schools of the state in a position for which the person is not     8,086        

required to have a certificate or license issued pursuant to       8,087        

sections 3319.22 to 3319.31 of the Revised Code.                   8,088        

      (B)  The board of education of a school district may enter   8,090        

into an agreement with a jointly administered trust fund which     8,091        

receives contributions pursuant to a collective bargaining         8,092        

agreement entered into between the board and any collective        8,093        

bargaining representative of the employees of the board for the    8,094        

purpose of providing for self-insurance of all risk in the         8,095        

provision of fringe benefits similar to those that may be paid     8,096        

                                                          183    

                                                                 
pursuant to division (A) of this section, and may provide through  8,097        

the self-insurance method specific fringe benefits as authorized   8,098        

by the rules of the board of trustees of the jointly administered  8,099        

trust fund.  Benefits provided under this section include, but     8,100        

are not limited to, hospitalization, surgical care, major medical  8,101        

care, disability, dental care, vision care, medical care, hearing  8,102        

aids, prescription drugs, group life insurance, sickness and       8,103        

accident insurance, group legal services, or a combination of the  8,104        

above benefits, for the employees and their dependents.            8,105        

      (C)  Notwithstanding any other provision of the Revised      8,107        

Code, the board of education and any collective bargaining         8,108        

representative of employees of the board may agree in a            8,109        

collective bargaining agreement that any mutually agreed fringe    8,110        

benefit, including, but not limited to, hospitalization, surgical  8,111        

care, major medical care, disability, dental care, vision care,    8,112        

medical care, hearing aids, prescription drugs, group life         8,113        

insurance, sickness and accident insurance, group legal services,  8,114        

or a combination thereof, for employees and their dependents be    8,115        

provided through a mutually agreed upon contribution to a jointly  8,116        

administered trust fund.  The amount, type, and structure of       8,117        

fringe benefits provided under this division are subject to the    8,118        

determination of the board of trustees of the jointly              8,119        

administered trust fund.  Notwithstanding any other provision of   8,120        

the Revised Code, competitive bidding does not apply to the        8,121        

purchase of fringe benefits for employees under this division      8,122        

through a jointly administered trust fund.                         8,123        

      (D)  Any elected or appointed member of the board of         8,125        

education and the dependent children and spouse of the member may  8,126        

be covered, at the option of the member, as an employee of the     8,127        

school district under any benefit plan adopted under this          8,128        

section.  The member shall pay to the school district the amount   8,129        

certified for that coverage under division (D)(1) or (2) of this   8,130        

section.  Payments for such coverage shall be made, in advance,    8,131        

in a manner prescribed by the board.  The member's exercise of an  8,132        

                                                          184    

                                                                 
option to be covered under this section shall be in writing,       8,133        

announced at a regular public meeting of the board, and recorded   8,134        

as a public record in the minutes of the board.                    8,135        

      For the purposes of determining the cost to board members    8,137        

under this division:                                               8,138        

      (1)  In the case of a benefit plan purchased under division  8,140        

(A) of this section, the provider of the benefits shall certify    8,141        

to the board the provider's charge for coverage under each option  8,142        

available to employees under that benefit plan;                    8,143        

      (2)  In the case of benefits provided under division (B) or  8,145        

(C) of this section, the board of trustees of the jointly          8,146        

administered trust fund shall certify to the board of education    8,147        

the trustees' charge for coverage under each option available to   8,148        

employees under each benefit plan.                                 8,149        

      (E)  The board may provide the benefits described in this    8,151        

section through an individual self-insurance program or a joint    8,152        

self-insurance program as provided in section 9.833 of the         8,153        

Revised Code.                                                      8,154        

      Sec. 3375.40.  Each board of library trustees appointed      8,163        

pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,  8,164        

and 3375.30 of the Revised Code may:                               8,165        

      (A)  Hold title to and have the custody of all real and      8,167        

personal property of the free public library under its             8,168        

jurisdiction;                                                      8,169        

      (B)  Expend for library purposes, and in the exercise of     8,171        

the power enumerated in this section, all moneys, whether derived  8,172        

from the county library and local government support fund or       8,173        

otherwise, credited to the free public library under its           8,174        

jurisdiction and generally do all things it considers necessary    8,175        

for the establishment, maintenance, and improvement of the public  8,176        

library under its jurisdiction;                                    8,177        

      (C)  Purchase, lease, construct, remodel, renovate, or       8,179        

otherwise improve, equip, and furnish buildings or parts of        8,180        

buildings and other real property, and purchase, lease, or         8,181        

                                                          185    

                                                                 
otherwise acquire motor vehicles and other personal property,      8,183        

necessary for the proper maintenance and operation of the free     8,184        

public libraries under its jurisdiction, and pay the costs         8,185        

thereof in installments or otherwise.  Financing of these costs    8,186        

may be provided through the issuance of notes, through an          8,187        

installment sale, or through a lease-purchase agreement.  Any                   

such notes shall be issued pursuant to section 3375.404 of the     8,188        

Revised Code.                                                                   

      (D)  Purchase, lease, lease with an option to purchase, or   8,190        

erect buildings or parts of buildings to be used as main           8,191        

libraries, branch libraries, or library stations pursuant to       8,192        

section 3375.41 of the Revised Code;                               8,193        

      (E)  Establish and maintain a main library, branches,        8,195        

library stations, and traveling library service within the         8,196        

territorial boundaries of the subdivision or district over which   8,197        

it has jurisdiction of free public library service;                8,198        

      (F)  Establish and maintain branches, library stations, and  8,200        

traveling library service in any school district, outside the      8,201        

territorial boundaries of the subdivision or district over which   8,202        

it has jurisdiction of free public library service, upon           8,203        

application to and approval of the state library board, pursuant   8,204        

to section 3375.05 of the Revised Code; provided the board of      8,205        

trustees of any free public library maintaining branches,          8,206        

stations, or traveling-book service, outside the territorial       8,207        

boundaries of the subdivision or district over which it has        8,208        

jurisdiction of free public library service, on September 4,       8,209        

1947, may continue to maintain and operate such branches,          8,210        

stations, and traveling library service without the approval of    8,211        

the state library board;                                           8,212        

      (G)  Appoint and fix the compensation of all of the          8,214        

employees of the free public library under its jurisdiction; pay   8,215        

the reasonable cost of tuition for any of its employees who        8,216        

enroll in a course of study the board considers essential to the   8,217        

duties of the employee or to the improvement of the employee's     8,218        

                                                          186    

                                                                 
performance; and reimburse applicants for employment for any       8,219        

reasonable expenses they incur by appearing for a personal         8,220        

interview;                                                         8,221        

      (H)  Make and publish rules for the proper operation and     8,223        

management of the free public library and facilities under its     8,224        

jurisdiction, including rules pertaining to the provision of       8,225        

library services to individuals, corporations, or institutions     8,226        

that are not inhabitants of the county;                            8,227        

      (I)  Establish and maintain a museum in connection with and  8,229        

as an adjunct to the free public library under its jurisdiction;   8,230        

      (J)  By the adoption of a resolution accept any bequest,     8,232        

gift, or endowment upon the conditions connected with such         8,233        

bequest, gift, or endowment; provided no such bequest, gift, or    8,234        

endowment shall be accepted by such board if the conditions        8,235        

thereof remove any portion of the free public library under its    8,236        

jurisdiction from the control of such board or if such             8,237        

conditions, in any manner, limit the free use of such library or   8,238        

any part thereof by the residents of the counties in which such    8,239        

library is located;                                                8,240        

      (K)  At the end of any fiscal year by a two-thirds vote of   8,242        

its full membership set aside any unencumbered surplus remaining   8,243        

in the general fund of the library under its jurisdiction for any  8,244        

purpose including creating or increasing a special building and    8,245        

repair fund, or for operating the library or acquiring equipment   8,246        

and supplies;                                                      8,247        

      (L)  Procure and pay all or part of the cost of group life,  8,249        

hospitalization, surgical, major medical, disability benefit,      8,250        

dental care, eye care, hearing aids, or prescription drug          8,251        

insurance, or a combination of any of the foregoing types of       8,252        

insurance or coverage, whether issued by an insurance company, or  8,253        

nonprofit medical or dental care A HEALTH INSURING corporation     8,254        

duly licensed by the state, covering its employees and in the      8,255        

case of hospitalization, surgical, major medical, dental care,     8,256        

eye care, hearing aids, or prescription drug insurance, also       8,257        

                                                          187    

                                                                 
covering the dependents and spouses of such employees, and in the  8,258        

case of disability benefits, also covering spouses of such         8,259        

employees.  With respect to life insurance, coverage for any       8,260        

employee shall not exceed the greater of the sum of ten thousand   8,261        

dollars or the annual salary of the employee, exclusive of any     8,262        

double indemnity clause that is a part of the policy.              8,263        

      (M)  Pay reasonable dues and expenses for the free public    8,265        

library and library trustees in library associations.              8,266        

      Sec. 3381.14.  A regional arts and cultural district may     8,275        

procure and pay all or any part of the cost of group               8,276        

hospitalization, surgical, major medical, or sickness and          8,277        

accident insurance or a combination of any of the foregoing for    8,278        

the employees of the district and their immediate dependents,      8,279        

whether issued by an insurance company, nonprofit medical care OR  8,280        

A HEALTH INSURING corporation, or hospital service association     8,281        

duly authorized to do business in this state.                      8,282        

      Sec. 3501.141.  (A)  The board of elections of any county    8,291        

may contract, purchase, or otherwise procure and pay all or any    8,292        

part of the cost of group insurance policies that may provide      8,293        

benefits for hospitalization, surgical care, major medical care,   8,294        

disability, dental care, eye care, medical care, hearing aids, or  8,295        

prescription drugs, and that may provide sickness and accident     8,296        

insurance, or group life insurance, or a combination of any of     8,297        

the foregoing types of insurance or coverage for the full-time     8,298        

employees of such board and their immediate dependents, whether    8,299        

issued by an insurance company, a health or medical care           8,300        

corporation, a dental care corporation, or a health maintenance    8,301        

organization INSURING CORPORATION, duly authorized to do business  8,302        

in this state.                                                     8,303        

      (B)  The board of elections of any county may procure and    8,305        

pay all or any part of the cost of group hospitalization,          8,306        

surgical, major medical, or sickness and accident insurance or a   8,307        

combination of any of the foregoing types of insurance or          8,308        

coverage for the members appointed to the board of elections       8,309        

                                                          188    

                                                                 
under section 3501.06 of the Revised Code and their immediate      8,310        

dependents when each member's term begins, whether issued by an    8,311        

insurance company or a health or medical care INSURING             8,312        

corporation, duly authorized to do business in this state.         8,313        

      Sec. 3701.24.  (A)  As used in this section and sections     8,322        

3701.241 to 3701.249 of the Revised Code:                          8,323        

      (1)  "AIDS" means the illness designated as acquired         8,325        

immunodeficiency syndrome.                                         8,326        

      (2)  "HIV" means the human immunodeficiency virus            8,328        

identified as the causative agent of AIDS.                         8,329        

      (3)  "AIDS-related condition" means symptoms of illness      8,331        

related to HIV infection, including AIDS-related complex, that     8,333        

are confirmed by a positive HIV test.                              8,334        

      (4)  "HIV test" means any test for the antibody or antigen   8,336        

to HIV that has been approved by the director of health under      8,337        

division (B) of section 3701.241 of the Revised Code.              8,338        

      (5)  "Health care facility" has the same meaning as in       8,340        

section 1742.01 1751.01 of the Revised Code.                       8,341        

      (6)  "Director" means the director of health or any          8,343        

employee of the department of health acting on his THE DIRECTOR'S  8,345        

behalf.                                                                         

      (7)  "Physician" means a person who holds a current, valid   8,347        

certificate issued under Chapter 4731. of the Revised Code         8,348        

authorizing the practice of medicine or surgery and osteopathic    8,349        

medicine and surgery.                                              8,350        

      (8)  "Nurse" means a registered nurse or licensed practical  8,352        

nurse who holds a license or certificate issued under Chapter      8,353        

4723. of the Revised Code.                                         8,354        

      (9)  "Anonymous test" means an HIV test administered so      8,356        

that the individual to be tested can give informed consent to the  8,357        

test and receive the results by means of a code system that does   8,358        

not link his THE identity OF THE INDIVIDUAL TESTED to the request  8,360        

for the test or the test results.                                               

      (10)  "Confidential test" means an HIV test administered so  8,362        

                                                          189    

                                                                 
that the identity of the individual tested is linked to the test   8,363        

but is held in confidence to the extent provided by section        8,364        

3701.24 to 3701.248 of the Revised Code.                           8,365        

      (11)  "Health care provider" means an individual who         8,367        

provides diagnostic, evaluative, or treatment services.  Pursuant  8,368        

to Chapter 119. of the Revised Code, the public health council     8,369        

may adopt rules further defining the scope of the term "health     8,370        

care provider."                                                    8,371        

      (12)  "Significant exposure to body fluids" means a          8,373        

percutaneous or mucous membrane exposure of an individual to the   8,374        

blood, semen, vaginal secretions, or spinal, synovial, pleural,    8,375        

peritoneal, pericardial, or amniotic fluid of another individual.  8,376        

      (13)  "Emergency medical services worker" means all of the   8,378        

following:                                                         8,379        

      (a)  A peace officer;                                        8,381        

      (b)  An employee of an emergency medical service             8,383        

organization as defined in section 4765.01 of the Revised Code;    8,384        

      (c)  A firefighter employed by a political subdivision;      8,386        

      (d)  A volunteer firefighter, emergency operator, or rescue  8,388        

operator;                                                          8,389        

      (e)  An employee of a private organization that renders      8,391        

rescue services, emergency medical services, or emergency medical  8,392        

transportation to accident victims and persons suffering serious   8,393        

illness or injury.                                                 8,394        

      (14)  "Peace officer" has the same meaning as in division    8,396        

(A) of section 109.71 of the Revised Code, except that it also     8,397        

includes a sheriff and the superintendent and troopers of the      8,398        

state highway patrol.                                              8,399        

      (B)  Boards of health, health authorities or officials, and  8,401        

physicians in localities in which there are no health authorities  8,402        

or officials, shall report promptly to the department of health    8,403        

the existence of any one of the following diseases:                8,404        

      (1)  Asiatic cholera;                                        8,406        

      (2)  Yellow fever;                                           8,408        

                                                          190    

                                                                 
      (3)  Diphtheria;                                             8,410        

      (4)  Typhus or typhoid fever;                                8,412        

      (5)  Any other contagious or infectious diseases that the    8,414        

public health council specifies.                                   8,415        

      (C)  Persons designated by rule adopted by the public        8,417        

health council under section 3701.241 of the Revised Code shall    8,418        

report promptly every case of AIDS, every AIDS-related condition,  8,420        

and every confirmed positive HIV test to the department of health  8,421        

on forms and in a manner prescribed by the director.  In each      8,422        

county the director shall designate the health commissioner of a   8,423        

health district in the county to receive the reports.              8,424        

      Information reported under this division that identifies an  8,426        

individual is confidential and may be released only with the       8,427        

written consent of the individual except as the director           8,428        

determines necessary to ensure the accuracy of the information,    8,429        

as necessary to provide treatment to the individual, as ordered    8,430        

by a court pursuant to section 3701.243 or 3701.247 of the         8,431        

Revised Code, or pursuant to a search warrant or a subpoena        8,432        

issued by or at the request of a grand jury, prosecuting           8,433        

attorney, city director of law or similar chief legal officer of   8,434        

a municipal corporation, or village solicitor, in connection with  8,435        

a criminal investigation or prosecution.  Information that does    8,436        

not identify an individual may be released in summary,             8,437        

statistical, or other form.                                        8,438        

      Sec. 3701.76.  (A)  The director of health shall establish   8,447        

and maintain a statewide public information campaign on the        8,448        

effects of diethylstilbestrol or other nonsteroidal synthetic      8,449        

estrogens for the purpose of educating the public concerning the   8,450        

potential hazards related to exposure to diethylstilbestrol or     8,451        

other nonsteroidal synthetic estrogens and encouraging persons     8,452        

exposed to diethylstilbestrol or other nonsteroidal synthetic      8,453        

estrogens, including those exposed before birth, to seek medical   8,454        

attention for the identification and treatment of any conditions   8,455        

resulting from this exposure.                                      8,456        

                                                          191    

                                                                 
      (B)  The director shall maintain a registry of hospitals,    8,458        

clinics, physicians, or other health care providers to whom he     8,459        

THE DIRECTOR shall refer persons who make inquiries to the         8,460        

department of health regarding possible exposure to                8,461        

diethylstilbestrol or other nonsteroidal synthetic estrogens.  In  8,462        

order to be eligible for listing in the registry, a health care    8,463        

provider shall make an application to the director, and shall      8,464        

have the necessary experience, facilities, and equipment to make   8,465        

examinations for possible effects of diethylstilbestrol or other   8,466        

nonsteroidal synthetic estrogens.                                  8,467        

      (C)  The director shall maintain a registry of persons who   8,469        

have been exposed to diethylstilbestrol or other nonsteroidal      8,470        

synthetic estrogens, including persons exposed before birth, for   8,471        

the purpose of studying and monitoring conditions caused by        8,472        

exposure to diethylstilbestrol or other nonsteroidal synthetic     8,473        

estrogen.  No person shall be listed in the registry without his   8,474        

THE DIRECTOR'S consent.                                            8,475        

      (D)  The director shall make an annual report to the         8,477        

general assembly on the effectiveness of the programs established  8,478        

under this section, and shall make recommendations concerning the  8,479        

programs and possible legislation relating to them.                8,480        

      (E)  No insurance company doing business under Title XXXIX   8,482        

and no HEALTH INSURING corporation holding a certificate of        8,483        

authority or license under Chapter 1737., 1738., or 1742. 1751.    8,484        

of the Revised Code shall cancel or refuse to renew a policy or    8,486        

subscription, contract, CERTIFICATE, OR AGREEMENT or limit         8,487        

benefits provided under a policy or subscription, contract,        8,488        

CERTIFICATE, OR AGREEMENT solely because a policyholder,           8,489        

subscriber, or applicant for a policy or subscription, contract,   8,490        

CERTIFICATE, OR AGREEMENT has been exposed to diethylstilbestrol   8,491        

or other nonsteroidal synthetic estrogens.                         8,492        

      Sec. 3702.51.  As used in sections 3702.51 to 3702.62 of     8,501        

the Revised Code:                                                  8,502        

      (A)  "Applicant" means any person that submits an            8,504        

                                                          192    

                                                                 
application for a certificate of need and who is designated in     8,505        

the application as the applicant.                                  8,506        

      (B)  "Person" means any individual, corporation, business    8,508        

trust, estate, firm, partnership, association, joint stock         8,509        

company, insurance company, government unit, or other entity.      8,510        

      (C)  "Certificate of need" means a written approval granted  8,512        

by the director of health to an applicant to authorize conducting  8,513        

a reviewable activity.                                             8,514        

      (D)  "Health service area" means a geographic region         8,516        

designated by the director of health under section 3702.58 of the  8,517        

Revised Code.                                                      8,518        

      (E)  "Health service" means a clinically related service,    8,520        

such as a diagnostic, treatment, rehabilitative, or preventive     8,521        

service.                                                           8,522        

      (F)  "Health service agency" means an agency designated to   8,524        

serve a health service area in accordance with section 3702.58 of  8,525        

the Revised Code.                                                  8,526        

      (G)  "Health care facility" means:                           8,528        

      (1)  A hospital registered under section 3701.07 of the      8,530        

Revised Code;                                                      8,531        

      (2)  A nursing home licensed under section 3721.02 of the    8,533        

Revised Code, or by a political subdivision certified under        8,534        

section 3721.09 of the Revised Code;                               8,535        

      (3)  A county home or a county nursing home as defined in    8,537        

section 5155.31 of the Revised Code that is certified under Title  8,538        

XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935),    8,539        

42 U.S.C.A. 301, as amended;                                       8,540        

      (4)  A freestanding dialysis center;                         8,542        

      (5)  A freestanding inpatient rehabilitation facility;       8,544        

      (6)  An ambulatory surgical facility;                        8,546        

      (7)  A freestanding cardiac catheterization facility;        8,548        

      (8)  A freestanding birthing center;                         8,550        

      (9)  A freestanding or mobile diagnostic imaging center;     8,552        

      (10)  A freestanding radiation therapy center.               8,554        

                                                          193    

                                                                 
      A health care facility does not include the offices of       8,556        

private physicians and dentists whether for individual or group    8,557        

practice, Christian Science sanitoriums operated or listed and     8,558        

certified by the First Church of Christ, Scientist, Boston,        8,559        

Massachusetts, residential facilities licensed under section       8,560        

5123.19 of the Revised Code, or habilitation centers certified by  8,561        

the director of mental retardation and developmental disabilities  8,562        

under section 5123.041 of the Revised Code.                        8,563        

      (H)  "Medical equipment" means a single unit of medical      8,565        

equipment or a single system of components with related functions  8,566        

that is used to provide health services.                           8,567        

      (I)  "Third-party payer" means a medical care corporation    8,569        

or health care INSURING corporation licensed under Chapter 1737.   8,571        

or 1738. 1751. of the Revised Code, a health maintenance           8,572        

organization AS DEFINED IN DIVISION (K) OF THIS SECTION, an        8,573        

insurance company that issues sickness and accident insurance in   8,574        

conformity with Chapter 3923. of the Revised Code, a               8,575        

state-financed health insurance program under Chapter 3701.,       8,576        

4123., or 5111. of the Revised Code, or any self-insurance plan.   8,577        

      (J)  "Government unit" means the state and any county,       8,579        

municipal corporation, township, or other political subdivision    8,580        

of the state, or any department, division, board, or other agency  8,581        

of the state or a political subdivision.                           8,582        

      (K)  "Health maintenance organization" means a public or     8,584        

private organization organized under the law of any state that is  8,585        

qualified under section 1310(d) of Title XIII of the "Public       8,586        

Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e--9 or     8,587        

that does all of the following:                                    8,588        

      (1)  Provides or otherwise makes available to enrolled       8,590        

participants health care services including at least the           8,591        

following basic health care services:  usual physician services,   8,592        

hospitalization, laboratory, x-ray, emergency and preventive       8,593        

services, and out-of-area coverage;                                8,594        

      (2)  Is compensated, except for copayments, for the          8,596        

                                                          194    

                                                                 
provision of basic health care services listed in division (K)(1)  8,597        

of this section to enrolled participants by a payment that is      8,598        

paid on a periodic basis without regard to the date the health     8,599        

care services are provided and that is fixed without regard to     8,600        

the frequency, extent, or kind of health service actually          8,601        

provided;                                                          8,602        

      (3)  Provides physician services primarily either:           8,604        

      (a)  Directly through physicians who are either employees    8,606        

or partners of the organization;                                   8,607        

      (b)  Through arrangements with individual physicians or one  8,609        

or more groups of physicians organized on a group practice or      8,610        

individual practice basis.                                         8,611        

      (L)  "Existing health care facility" means a health care     8,613        

facility that is licensed or otherwise approved to practice in     8,614        

this state, in accordance with applicable law, is staffed and      8,615        

equipped to provide health care services, and actively provides    8,616        

health services or has not been actively providing health          8,617        

services for less than twelve consecutive months.                  8,618        

      (M)  "State" means the state of Ohio, including, but not     8,620        

limited to, the general assembly, the supreme court, the offices   8,621        

of all elected state officers, and all departments, boards,        8,622        

offices, commissions, agencies, institutions, and other            8,623        

instrumentalities of the state of Ohio.  "State" does not include  8,624        

political subdivisions.                                            8,625        

      (N)  "Political subdivision" means a municipal corporation,  8,627        

township, county, school district, and all other bodies corporate  8,628        

and politic responsible for governmental activities only in        8,629        

geographic areas smaller than that of the state to which the       8,630        

sovereign immunity of the state attaches.                          8,631        

      (O)  "Affected person" means:                                8,633        

      (1)  An applicant for a certificate of need, including an    8,635        

applicant whose application was reviewed comparatively with the    8,636        

application in question;                                           8,637        

      (2)  The person that requested the reviewability ruling in   8,639        

                                                          195    

                                                                 
question;                                                                       

      (3)  Any person that resides or regularly uses health care   8,641        

facilities within the geographic area served or to be served by    8,642        

the health care services that would be provided under the          8,643        

certificate of need or reviewability ruling in question;           8,644        

      (4)  Any health care facility that is located in the health  8,646        

service area where the health care services would be provided      8,647        

under the certificate of need or reviewability ruling in           8,648        

question;                                                                       

      (5)  Third-party payers that reimburse health care           8,650        

facilities for services in the health service area where the       8,651        

health care services would be provided under the certificate of    8,652        

need or reviewability ruling in question;                          8,653        

      (6)  Any other person who testified at a public hearing      8,655        

held under division (B) of section 3702.52 of the Revised Code or  8,656        

submitted written comments in the course of review of the          8,657        

certificate of need application in question.                       8,658        

      (P)  "Osteopathic hospital" means a hospital registered      8,660        

under section 3701.07 of the Revised Code that advocates           8,661        

osteopathic principles and the practice and perpetuation of        8,662        

osteopathic medicine by doing any of the following:                8,663        

      (1)  Maintaining a department or service of osteopathic      8,665        

medicine or a committee on the utilization of osteopathic          8,666        

principles and methods, under the supervision of an osteopathic    8,667        

physician;                                                         8,668        

      (2)  Maintaining an active medical staff, the majority of    8,670        

which is comprised of osteopathic physicians;                      8,671        

      (3)  Maintaining a medical staff executive committee that    8,673        

has osteopathic physicians as a majority of its members.           8,674        

      (Q)  "Ambulatory surgical facility" has the same meaning as  8,676        

in section 3702.30 of the Revised Code.                            8,677        

      (R)  Except as otherwise provided in division (T) of this    8,679        

section, and until the termination date specified in section       8,680        

3702.511 of the Revised Code, "reviewable activity" means any of   8,681        

                                                          196    

                                                                 
the following:                                                                  

      (1)  The addition by any person of any of the following      8,684        

health services, regardless of the amount of operating costs or    8,685        

capital expenditures:                                              8,686        

      (a)  A heart, heart-lung, lung, liver, kidney, bowel,        8,688        

pancreas, or bone marrow transplantation service, a stem cell      8,689        

harvesting and reinfusion service, or a service for                8,690        

transplantation of any other organ unless transplantation of the   8,691        

organ is designated by public health council rule not to be a      8,692        

reviewable activity;                                               8,693        

      (b)  A cardiac catheterization service;                      8,695        

      (c)  An open-heart surgery service;                          8,697        

      (d)  Any new, experimental medical technology that is        8,700        

designated by rule of the public health council.                                

      (2)  The acceptance of high-risk patients, as defined in     8,702        

rules adopted under section 3702.57 of the Revised Code, by any    8,703        

cardiac catheterization service that was initiated without a       8,704        

certificate of need pursuant to division (R)(3)(b) of the version  8,706        

of this section in effect immediately prior to April 20, 1995;     8,708        

      (3)(a)  The establishment, development, or construction of   8,710        

a new health care facility other than a new long-term care         8,711        

facility or a new hospital;                                        8,712        

      (b)  The establishment, development, or construction of a    8,714        

new hospital or the relocation of an existing hospital;            8,715        

      (c)  The relocation of hospital beds, other than long-term   8,717        

care, perinatal, or pediatric intensive care beds, into or out of  8,718        

a rural area.                                                      8,719        

      (4)(a)  The replacement of an existing hospital;             8,721        

      (b)  The replacement of an existing hospital obstetric or    8,723        

newborn care unit or freestanding birthing center.                 8,725        

      (5)(a)  The renovation of a hospital that involves a         8,729        

capital expenditure, obligated on or after the effective date of                

this amendment, of five million dollars or more, not including     8,731        

expenditures for equipment, staffing, or operational costs.  For                

                                                          197    

                                                                 
purposes of division (R)(5)(a) of this section, a capital          8,733        

expenditure is obligated:                                                       

      (i)  When a contract enforceable under Ohio law is entered   8,735        

into for the construction, acquisition, lease, or financing of a   8,736        

capital asset;                                                     8,737        

      (ii)  When the governing body of a hospital takes formal     8,739        

action to commit its own funds for a construction project          8,740        

undertaken by the hospital as its own contractor;                  8,741        

      (iii)  In the case of donated property, on the date the      8,743        

gift is completed under applicable Ohio law.                       8,744        

      (b)  The renovation of a hospital obstetric or newborn care  8,746        

unit or freestanding birthing center that involves a capital       8,748        

expenditure of five million dollars or more, not including         8,749        

expenditures for equipment, staffing, or operational costs.        8,750        

      (6)  Any change in the health care services, bed capacity,   8,752        

or site, or any other failure to conduct the reviewable activity   8,753        

in substantial accordance with the approved application for which  8,754        

a certificate of need was granted, if the change is made prior to  8,755        

the date the activity for which the certificate was issued ceases  8,756        

to be a reviewable activity;                                       8,757        

      (7)  Any of the following changes in perinatal bed capacity  8,759        

or pediatric intensive care bed capacity:                          8,760        

      (a)  An increase in bed capacity;                            8,762        

      (b)  A change in service or service-level designation of     8,765        

newborn care beds or obstetric beds in a hospital or freestanding  8,766        

birthing center, other than a change of service that is provided                

within the service-level designation of newborn care or obstetric  8,767        

beds as registered by the department of health;                    8,768        

      (c)  A relocation of perinatal or pediatric intensive care   8,771        

beds from one physical facility or site to another, excluding the  8,772        

relocation of beds within a hospital or freestanding birthing      8,773        

center or the relocation of beds among buildings of a hospital or  8,775        

freestanding birthing center at the same site.                     8,776        

      (8)  The expenditure of more than one hundred ten per cent   8,778        

                                                          198    

                                                                 
of the maximum expenditure specified in a certificate of need;     8,779        

      (9)  Any transfer of a certificate of need issued prior to   8,781        

April 20, 1995, from the person to whom it was issued to another   8,783        

person before the project that constitutes a reviewable activity   8,784        

is completed, any agreement that contemplates the transfer of a    8,785        

certificate of need issued prior to that date upon completion of   8,787        

the project, and any transfer of the controlling interest in an    8,788        

entity that holds a certificate of need issued prior to that                    

date.  However, the transfer of a certificate of need issued       8,789        

prior to that date or agreement to transfer such a certificate of  8,791        

need from the person to whom the certificate of need was issued    8,792        

to an affiliated or related person does not constitute a           8,793        

reviewable transfer of a certificate of need for the purposes of   8,794        

this division, unless the transfer results in a change in the      8,795        

person that holds the ultimate controlling interest in the         8,796        

certificate of need.                                                            

      (10)(a)  The acquisition by any person of any of the         8,798        

following medical equipment, regardless of the amount of           8,800        

operating costs or capital expenditure:                                         

      (i)  A cobalt radiation therapy unit;                        8,802        

      (ii)  A linear accelerator;                                  8,804        

      (iii)  A gamma knife unit.                                   8,806        

      (b)  The acquisition by any person of medical equipment      8,808        

with a cost of two million dollars or more.  The cost of           8,809        

acquiring medical equipment includes the sum of the following:     8,810        

      (i)  The greater of its fair market value or the cost of     8,812        

its lease or purchase;                                             8,813        

      (ii)  The cost of installation and any other activities      8,815        

essential to the acquisition of the equipment and its placement    8,816        

into service.                                                                   

      (11)  The addition of another cardiac catheterization        8,819        

laboratory to an existing cardiac catheterization service.         8,820        

      (S)  Except as provided in division (T) of this section,     8,823        

"reviewable activity" also means any of the following activities,  8,825        

                                                          199    

                                                                 
none of which are subject to a termination date:                                

      (1)  The establishment, development, or construction of a    8,827        

new long-term care facility;                                       8,828        

      (2)  The replacement of an existing long-term care           8,830        

facility;                                                          8,831        

      (3)  The renovation of a long-term care facility that        8,833        

involves a capital expenditure of two million dollars or more,     8,834        

not including expenditures for equipment, staffing, or             8,835        

operational costs;                                                 8,836        

      (4)  Any of the following changes in long-term care bed      8,838        

capacity:                                                          8,839        

      (a)  An increase in bed capacity;                            8,841        

      (b)  A relocation of beds from one physical facility or      8,844        

site to another, excluding the relocation of beds within a         8,845        

long-term care facility or among buildings of a long-term care     8,846        

facility at the same site;                                                      

      (c)  A recategorization of hospital beds registered under    8,849        

section 3701.07 of the Revised Code from another registration      8,851        

category to skilled nursing beds or long-term care beds.           8,852        

      (5)  Any change in the health services, bed capacity, or     8,854        

site, or any other failure to conduct the reviewable activity in   8,855        

substantial accordance with the approved application for which a   8,856        

certificate of need concerning long-term care beds was granted,    8,857        

if the change is made within five years after the implementation   8,858        

of the reviewable activity for which the certificate was granted;  8,860        

      (6)  The expenditure of more than one hundred ten per cent   8,862        

of the maximum expenditure specified in a certificate of need      8,863        

concerning long-term care beds;                                    8,864        

      (7)  Any transfer of a certificate of need that concerns     8,866        

long-term care beds and was issued prior to April 20, 1995, from   8,868        

the person to whom it was issued to another person before the      8,869        

project that constitutes a reviewable activity is completed, any   8,870        

agreement that contemplates the transfer of such a certificate of  8,871        

need upon completion of the project, and any transfer of the       8,872        

                                                          200    

                                                                 
controlling interest in an entity that holds such a certificate    8,873        

of need.  However, the transfer of a certificate of need that      8,874        

concerns long-term care beds and was issued prior to April 20,     8,876        

1995, or agreement to transfer such a certificate of need from     8,877        

the person to whom the certificate was issued to an affiliated or  8,878        

related person does not constitute a reviewable transfer of a      8,879        

certificate of need for purposes of this division, unless the      8,880        

transfer results in a change in the person that holds the          8,881        

ultimate controlling interest in the certificate of need.          8,882        

      (T)  "Reviewable activity" does not include any of the       8,884        

following activities:                                              8,885        

      (1)  Acquisition of computer hardware or software;           8,887        

      (2)  Acquisition of a telephone system;                      8,889        

      (3)  Construction or acquisition of parking facilities;      8,891        

      (4)  Correction of cited deficiencies that are in violation  8,893        

of federal, state, or local fire, building, or safety laws and     8,894        

rules and that constitute an imminent threat to public health or   8,895        

safety;                                                            8,896        

      (5)  Acquisition of an existing health care facility that    8,898        

does not involve a change in the number of the beds, by service,   8,899        

or in the number or type of health services;                       8,900        

      (6)  Correction of cited deficiencies identified by          8,902        

accreditation surveys of the joint commission on accreditation of  8,903        

healthcare organizations or of the American osteopathic            8,904        

association;                                                       8,905        

      (7)  Acquisition of medical equipment to replace the same    8,907        

or similar equipment for which a certificate of need has been      8,908        

issued if the replaced equipment is removed from service;          8,909        

      (8)  Mergers, consolidations, or other corporate             8,911        

reorganizations of health care facilities that do not involve a    8,912        

change in the number of beds, by service, or in the number or      8,913        

type of health services;                                           8,914        

      (9)  Construction, repair, or renovation of bathroom         8,916        

facilities;                                                        8,917        

                                                          201    

                                                                 
      (10)  Construction of laundry facilities, waste disposal     8,919        

facilities, dietary department projects, heating and air           8,920        

conditioning projects, administrative offices, and portions of     8,921        

medical office buildings used exclusively for physician services;  8,922        

      (11)  Acquisition of medical equipment to conduct research   8,924        

required by the United States food and drug administration or      8,925        

clinical trials sponsored by the national institute of health.     8,926        

Use of medical equipment that was acquired without a certificate   8,927        

of need under division (T)(11) of this section and for which       8,929        

premarket approval has been granted by the United States food and  8,930        

drug administration to provide services for which patients or      8,931        

reimbursement entities will be charged shall be a reviewable       8,932        

activity.                                                          8,933        

      (12)  Removal of asbestos from a health care facility.       8,935        

      Only that portion of a project that meets the requirements   8,937        

of division (T) of this section is not a reviewable activity.      8,939        

      (U)  "Small rural hospital" means a hospital that is         8,941        

located within a rural area, has fewer than one hundred beds, and  8,943        

to which fewer than four thousand persons were admitted during     8,944        

the most recent calendar year.                                                  

      (V)  "Children's hospital" means any of the following:       8,946        

      (1)  A hospital registered under section 3701.07 of the      8,948        

Revised Code that provides general pediatric medical and surgical  8,949        

care, and in which at least seventy-five per cent of annual        8,950        

inpatient discharges for the preceding two calendar years were     8,951        

individuals less than eighteen years of age;                       8,952        

      (2)  A distinct portion of a hospital registered under       8,954        

section 3701.07 of the Revised Code that provides general          8,955        

pediatric medical and surgical care, has a total of at least one   8,956        

hundred fifty registered pediatric special care and pediatric      8,957        

acute care beds, and in which at least seventy-five per cent of    8,958        

annual inpatient discharges for the preceding two calendar years   8,959        

were individuals less than eighteen years of age;                  8,960        

      (3)  A distinct portion of a hospital, if the hospital is    8,962        

                                                          202    

                                                                 
registered under section 3701.07 of the Revised Code as a          8,963        

children's hospital and the children's hospital meets all the      8,964        

requirements of division (V)(1) of this section.                   8,965        

      (W)  "Long-term care facility" means any of the following:   8,967        

      (1)  A nursing home licensed under section 3721.02 of the    8,969        

Revised Code or by a political subdivision certified under         8,970        

section 3721.09 of the Revised Code;                               8,971        

      (2)  The portion of any facility, including a county home    8,973        

or county nursing home, that is certified as a skilled nursing     8,974        

facility or a nursing facility under Title XVIII or XIX of the     8,975        

"Social Security Act";                                                          

      (3)  The portion of any hospital that contains beds          8,977        

registered under section 3701.07 of the Revised Code as skilled    8,978        

nursing beds or long-term care beds.                               8,979        

      (X)  "Long-term care bed" means a bed in a long-term care    8,981        

facility.                                                                       

      (Y)  "Perinatal bed" means a bed in a hospital that is       8,983        

registered under section 3701.07 of the Revised Code as a newborn  8,984        

care bed or obstetric bed, or a bed in a freestanding birthing     8,985        

center.                                                                         

      (Z)  "Freestanding birthing center" means any facility in    8,987        

which deliveries routinely occur, regardless of whether the        8,989        

facility is located on the campus of another health care                        

facility, and which is not licensed under Chapter 3711. of the     8,991        

Revised Code as a level one, two, or three maternity unit or a     8,993        

limited maternity unit.                                                         

      (AA)(1)  "Reviewability ruling" means a ruling issued by     8,995        

the director of health under division (A) of section 3702.52 of    8,996        

the Revised Code as to whether a particular proposed project is    8,997        

or is not a reviewable activity.                                   8,998        

      (2)  "Nonreviewability ruling" means a ruling issued under   9,000        

that division that a particular proposed project is not a          9,001        

reviewable activity.                                               9,002        

      (BB)(1)  "Metropolitan statistical area" means an area of    9,005        

                                                          203    

                                                                 
this state designated a metropolitan statistical area or primary   9,006        

metropolitan statistical area in United States office of           9,008        

management and budget bulletin No. 93-17, June 30, 1993, and its   9,010        

attachments.                                                       9,011        

      (2)  "Rural area" means any area of this state not located   9,013        

within a metropolitan statistical area.                            9,014        

      Sec. 3702.62.  (A)  Any action pursuant to section 140.03,   9,023        

140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,  9,024        

339.08, 339.09, 339.12, 339.14, 339.21, 339.231, 339.24, 339.31,   9,025        

339.36, 339.39, 513.05, 513.07, 513.08, 513.081, 513.12, 513.15,   9,026        

513.17, 513.171, 749.02, 749.14, 749.16, 749.20, 749.25, 749.28,   9,027        

749.35, 1742.06 1751.06, or 3707.29 of the Revised Code shall be   9,028        

taken in accordance with sections 3702.51 to 3702.61 of the        9,029        

Revised Code.                                                                   

      (B)  A nursing home certified as an intermediate care        9,031        

facility for the mentally retarded under Title XIX of the "Social  9,032        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,   9,033        

that is required to apply for licensure as a residential facility  9,034        

under section 5123.19 of the Revised Code is not, with respect to  9,035        

the portion of the home certified as an intermediate care                       

facility for the mentally retarded, subject to sections 3702.51    9,036        

to 3702.61 of the Revised Code.                                    9,037        

      Sec. 3709.16.  The board of health of a city or general      9,046        

health district shall determine the duties and fix the salaries    9,047        

of its employees.                                                  9,048        

      No member of the board shall be appointed as health officer  9,050        

or ward physician.                                                 9,051        

      The board of health of any health district may procure and   9,053        

pay all or any part of the cost of group life, hospitalization,    9,054        

surgical, major medical, sickness and accident insurance, or a     9,055        

combination of any of the foregoing types of insurance or          9,056        

coverage, for the health commissioner, the employees of the        9,057        

health district, and their immediate dependents, from the funds    9,058        

or budgets from which said health commissioner or employees are    9,059        

                                                          204    

                                                                 
compensated for services, issued by an insurance company or        9,060        

nonprofit medical care A HEALTH INSURING corporation duly          9,061        

authorized to do business in this state.                           9,062        

      Notwithstanding section 3917.01 of the Revised Code, the     9,064        

board of health of any health district may purchase group life     9,065        

insurance authorized by this section by reason of payment of       9,066        

premiums therefor by the board from its funds, and such group      9,067        

life insurance may be issued and purchased if otherwise            9,068        

consistent with sections 3917.01 to 3917.06 of the Revised Code.   9,069        

      Sec. 3729.12.  Not later than a date specified by the        9,079        

director of health, the Ohio health care data center shall make    9,080        

its first submission of a report containing the health care        9,081        

information specified in this section to the governor, the         9,082        

speaker of the house of representatives, the president of the      9,083        

senate, and the chairpersons of the standing committees of the     9,084        

house of representatives and the senate that have primary          9,085        

responsibility for the consideration of health legislation.  Each  9,086        

year thereafter, the data center shall submit a report not later   9,087        

than the thirty-first day of December.  The report shall contain,  9,088        

to the extent possible with the data collected under sections      9,089        

3729.15 to 3729.45 of the Revised Code, an analysis of all of the  9,090        

following:                                                                      

      (A)  The one hundred high priority diagnoses and one         9,092        

hundred high priority medical procedures that account for eighty   9,093        

per cent of public and private health care costs in this state,    9,094        

and diagnoses and medical procedures for which a disproportionate  9,095        

share of public and private expenditures are consumed relative to  9,096        

the total number of diseases diagnosed and medical procedures      9,097        

performed;                                                         9,098        

      (B)  The relationship between:                               9,100        

      (1)  Health care costs, access, outcomes, continuity of      9,102        

care, and professional practice patterns for selected diseases     9,103        

and procedures;                                                    9,104        

      (2)  An individual's source of payment, age, geographic      9,106        

                                                          205    

                                                                 
location, sex, race, and income.                                   9,107        

      (C)  The differences in administrative expenses for          9,109        

delivery of health care in the public sector versus the private    9,110        

sector;                                                            9,111        

      (D)(1)  Compared to previous years when appropriate data     9,113        

were collected, the increase in expenditures that has occurred in  9,114        

the public health care programs in each of the following           9,115        

categories:                                                        9,116        

      (a)  Long-term care facilities;                              9,118        

      (b)  Hospital inpatient services;                            9,120        

      (c)  Hospital outpatient services;                           9,122        

      (d)  Home-based health care;                                 9,124        

      (e)  Physicians' services;                                   9,126        

      (f)  Allied health services;                                 9,128        

      (g)  Pharmaceuticals;                                        9,130        

      (h)  Durable medical equipment and medical and surgical      9,132        

products;                                                          9,133        

      (i)  Mental health services;                                 9,135        

      (j)  Other health services selected by the director of       9,137        

health.                                                            9,138        

      (2)  The factors that have contributed to the expenditure    9,140        

increases in each of the categories specified by division (D)(1)   9,141        

of this section.                                                   9,142        

      (E)  The extent to which physicians and other health care    9,144        

providers selected by the director participate in public versus    9,145        

private health care programs, and changes in this participation    9,146        

from previous years when appropriate data were collected;          9,147        

      (F)  The distribution of emergency medical services among    9,149        

the population of this state, and the relationship between:        9,150        

      (1)  Access to emergency medical services;                   9,152        

      (2)  An individual's source of payment, age, geographic      9,154        

location, sex, race, and income.                                   9,155        

      (G)  The number of residents of this state who are           9,157        

uninsured or underinsured with respect to health care, the         9,158        

                                                          206    

                                                                 
distribution of this population by county, the demographic         9,159        

characteristics, including employment status, of this population,  9,160        

and the changes in those demographic characteristics from          9,161        

previous years when appropriate data were collected;               9,162        

      (H)  The percentage of individuals who seek or register for  9,164        

health care services that:                                         9,165        

      (1)  Are diagnosed or treated;                               9,167        

      (2)  Are denied services;                                    9,169        

      (3)  Receive primary care services from emergency            9,171        

facilities.                                                        9,172        

      (I)  The differences between primary care case managed       9,174        

systems and other managed health care reimbursement systems in     9,175        

health care costs and outcomes for one hundred high priority       9,176        

diseases or procedures selected by the director, access to health  9,177        

care, and professional practice patterns and variations, and the   9,178        

factors that contribute to those differences;                      9,179        

      (J)  The relationship between:                               9,181        

      (1)  Long-term care facility admission, transfer, and        9,183        

length-of-stay;                                                    9,184        

      (2)  An individual's source of payment, age, geographic      9,186        

location, sex, race, and income.                                   9,187        

      (K)  The percentage of hospitals' uncompensated care,        9,189        

including uncompensated care provided by group practices as        9,190        

defined in section 4731.65 of the Revised Code that have one       9,191        

hundred members or more, that is attributable to each of the       9,193        

following:                                                                      

      (1)  Charity care;                                           9,195        

      (2)  Courtesy care;                                          9,197        

      (3)  Contractual allowances;                                 9,199        

      (4)  The medical assistance program;                         9,201        

      (5)  The medicare program;                                   9,203        

      (6)  Bad debts.                                              9,205        

      (L)  The relationship between the number and type of         9,207        

pharmaceutical prescriptions and each of the following:            9,208        

                                                          207    

                                                                 
      (1)  An individual's source of payment, age, geographic      9,210        

location, and sex;                                                 9,211        

      (2)  Use of a therapeutic formulary by disease category.     9,213        

      (M)  The extent to which physicians and other health care    9,215        

providers selected by the director provide primary care services   9,216        

to indigent individuals and the type of primary care services      9,217        

provided;                                                          9,218        

      (N)  Public or private provider reimbursement strategies     9,220        

that have been effective in containing health care costs;          9,221        

      (O)  The effectiveness of quality improvement programs       9,223        

introduced by health care organizations, including health          9,224        

maintenance organizations INSURING CORPORATIONS and independent    9,225        

practice associations, or health care plans in improving the       9,226        

general quality of health care in this state;                      9,227        

      (P)  The comparison of health care costs, access, outcomes,  9,229        

continuity of care, and professional practice patterns in this     9,230        

state with other states and countries;                             9,231        

      (Q)  State and local statutes, ordinances, or rules that     9,233        

may contribute to health care cost increases and suggested         9,234        

changes in the regulatory framework to reduce costs without        9,235        

adversely affecting quality or access;                             9,236        

      (R)  The increase in health care costs that can be           9,238        

attributed to increases in malpractice insurance premiums and      9,239        

increases in the practice of defensive medicine;                   9,240        

      (S)  The total number of visits by medical assistance        9,242        

program recipients and medicare beneficiaries to clinics versus    9,243        

primary care health care practitioner offices in this state,       9,244        

categorized by type of clinic or primary care practitioner and     9,245        

diagnosis;                                                         9,246        

      (T)  Variations in treatment, costs, and medical outcome of  9,248        

a range of diagnoses selected by the director according to         9,249        

practitioner specialty versus primary care case management with    9,250        

global fees and comparison of individuals' source of payment,      9,251        

age, geographic location, sex, race, and income;                   9,252        

                                                          208    

                                                                 
      (U)  The major components of the cost of long-term care      9,254        

facilities and the variations in the costs of the components       9,255        

according to diagnosis, the resident's level of functioning,       9,256        

facility size and geographic location, and source of payment;      9,257        

      (V)  Factors that account for increases in the utilization   9,259        

of long-term care facilities in comparison with home and           9,260        

community outpatient care;                                         9,261        

      (W)  The effect of health care utilization and costs on the  9,263        

general health of residents of this state and the effect of        9,264        

behaviorial BEHAVIORAL risk factors, including tobacco use,        9,265        

alcohol and substance abuse, lack of exercise, being overweight,   9,267        

and other factors selected by the director;                        9,268        

      (X)  The effect of utilization of preventive health care     9,270        

services on health care costs and outcomes, categorized by age,    9,271        

occupation, and type of health care coverage;                      9,272        

      (Y)  The number of individuals in each county who received   9,274        

services the previous calendar year from a public health care      9,275        

program administered in whole or in part by the department of      9,276        

mental retardation and developmental disabilities or a county      9,277        

board of mental retardation and developmental disabilities,        9,278        

compared to the number of individuals in each county who applied   9,279        

and were found eligible for those services that year but did not   9,280        

receive them;                                                      9,281        

      (Z)  The number of individuals in each county that received  9,283        

services the previous calendar year from a public health care      9,284        

program administered in whole or in part by the department of      9,285        

mental health, a community mental health board, or a board of      9,286        

alcohol, drug abuse, and mental health services, compared to the   9,287        

number of individuals in each county who applied and were found    9,288        

eligible for those services that year but did not receive them.    9,289        

      The report must comply with section 3729.46 of the Revised   9,291        

Code.                                                              9,292        

      Sec. 3901.04.  (A)  As used in this section:                 9,301        

      (1)  "Laws of this state relating to insurance" include but  9,303        

                                                          209    

                                                                 
are not limited to Chapters 1736., 1737., 1738., 1739.             9,304        

notwithstanding section 1739.02, 1740., and 1742. CHAPTER 1751.    9,306        

notwithstanding section 1742.30 1751.08, Title XXXIX, sections     9,307        

5725.18 to 5725.25, and Chapter 5729. of the Revised Code.         9,308        

      (2)  "Person" has the meaning defined in division (A) of     9,310        

section 3901.19 of the Revised Code.                               9,311        

      (B)  Whenever it appears to the superintendent of            9,313        

insurance, from his THE SUPERINTENDENT'S files, upon complaint or  9,315        

otherwise, that any person has engaged in, is engaged in, or is                 

about to engage in any act or practice declared to be illegal or   9,316        

prohibited by the laws of this state relating to insurance, or     9,317        

defined as unfair or deceptive by such laws, or when the           9,318        

superintendent believes it to be in the best interest of the       9,319        

public and necessary for the protection of the people in this      9,320        

state, the superintendent or anyone designated by the              9,321        

superintendent under his THE SUPERINTENDENT'S official seal may    9,322        

do any one or more of the following:                                            

      (1)  Require any person to file with the superintendent, on  9,324        

a form that is appropriate for review by the superintendent, an    9,325        

original or additional statement or report in writing, under oath  9,326        

or otherwise, as to any facts or circumstances concerning the      9,327        

person's conduct of the business of insurance within this state    9,328        

and as to any other information that the superintendent considers  9,329        

to be material or relevant to such business;                       9,330        

      (2)  Administer oaths, summon and compel by order or         9,332        

subpoena the attendance of witnesses to testify in relation to     9,333        

any matter which, by the laws of this state relating to            9,334        

insurance, is the subject of inquiry and investigation, and        9,335        

require the production of any book, paper, or document pertaining  9,336        

to such matter.  A subpoena, notice, or order under this section   9,337        

may be served by certified mail, return receipt requested.  If     9,338        

the subpoena, notice, or order is returned because of inability    9,339        

to deliver, or if no return is received within thirty days of the  9,340        

date of mailing, the subpoena, notice, or order may be served by   9,341        

                                                          210    

                                                                 
ordinary mail.  If no return of ordinary mail is received within   9,342        

thirty days after the date of mailing, service shall be deemed to  9,343        

have been made.  If the subpoena, notice, or order is returned     9,344        

because of inability to deliver, the superintendent may designate  9,345        

a person or persons to effect either personal or residence         9,346        

service upon the witness.  Service of any subpoena, notice, or     9,347        

order and return may also be made in any manner authorized under   9,348        

the Rules of Civil Procedure.  Such service shall be made by an    9,349        

employee of the department designated by the superintendent, a     9,350        

sheriff, a deputy sheriff, an attorney, or any person authorized   9,351        

by the Rules of Civil Procedure to serve process.                  9,352        

      In the case of disobedience of any notice, order, or         9,354        

subpoena served on a person or the refusal of a witness to         9,355        

testify to a matter regarding which he THE PERSON may lawfully be  9,357        

interrogated, the court of common pleas of the county where venue               

is appropriate, on application by the superintendent, may compel   9,358        

obedience by attachment proceedings for contempt, as in the case   9,359        

of disobedience of the requirements of a subpoena issued from      9,360        

such court, or a refusal to testify therein.  Witnesses shall      9,361        

receive the fees and mileage allowed by section 2335.06 of the     9,362        

Revised Code.  All such fees, upon the presentation of proper      9,363        

vouchers approved by the superintendent, shall be paid out of the  9,364        

appropriation for the contingent fund of the department of         9,365        

insurance.  The fees and mileage of witnesses not summoned by the  9,366        

superintendent or his THE SUPERINTENDENT'S designee shall not be   9,367        

paid by the state.                                                 9,368        

      (3)  In a case in which there is no administrative           9,370        

procedure available to the superintendent to resolve a matter at   9,371        

issue, request the attorney general to commence an action for a    9,372        

declaratory judgment under Chapter 2721. of the Revised Code with  9,373        

respect to the matter.                                             9,374        

      (4)  Initiate criminal proceedings by presenting evidence    9,376        

of the commission of any criminal offense established under the    9,377        

laws of this state relating to insurance to the prosecuting        9,378        

                                                          211    

                                                                 
attorney of any county in which the offense may be prosecuted. At  9,380        

the request of the prosecuting attorney, the attorney general may  9,381        

assist in the prosecution of the violation with all the rights,    9,382        

privileges, and powers conferred by law on prosecuting attorneys   9,383        

including, but not limited to, the power to appear before grand    9,384        

juries and to interrogate witnesses before grand juries.           9,385        

      Sec. 3901.041.  The superintendent of insurance shall        9,394        

adopt, amend, and rescind rules and make adjudications, necessary  9,395        

to discharge his THE SUPERINTENDENT'S duties and exercise his THE  9,396        

SUPERINTENDENT'S powers, including, but not limited to, his THE    9,397        

SUPERINTENDENT'S duties and powers under Chapters 1737., 1738.,    9,398        

and 1740. CHAPTER 1751. and Title XXXIX of the Revised Code,       9,400        

subject to sections 119.01 to 119.13 CHAPTER 119. of the Revised   9,401        

Code.                                                                           

      Sec. 3901.043.  The superintendent of insurance may adopt    9,410        

rules in accordance with Chapter 119. of the Revised Code to       9,411        

establish reasonable fees for any service or transaction           9,412        

performed by the department of insurance pursuant to section       9,413        

1738.04, 1742.03 1751.03, 3901.321, 3901.341, 3907.09, 3907.10,    9,414        

3907.11, 3907.12, 3911.011, 3913.31, 3915.14, 3917.06, 3918.07,                 

3923.02, 3935.04, 3937.03, 3953.28, 3957.12, or 3957.13 of the     9,415        

Revised Code or any provision in sections 3913.01 to 3913.23 or    9,416        

in Chapter 3905. of the Revised Code, if no fee is otherwise       9,417        

provided under Title XVII or XXXIX of the Revised Code for such    9,418        

service or transaction.  Any fee collected pursuant to those       9,419        

rules shall be paid into the state treasury to the credit of the   9,420        

department of insurance operating fund.                                         

      Sec. 3901.071.  All moneys collected by the superintendent   9,429        

of insurance for expenses incurred by him THE SUPERINTENDENT in    9,430        

conducting examinations pursuant to the Revised Code of the        9,431        

financial affairs of any insurance company doing business in this  9,432        

state, for which the insurance company examined is required to     9,433        

pay the costs, shall be paid to the superintendent.  The           9,434        

superintendent shall deposit the money in the state treasury to    9,435        

                                                          212    

                                                                 
the credit of the superintendent's examination fund, which is      9,436        

hereby established.  Any funds expended or obligated therefrom by  9,437        

the superintendent shall be expended or obligated solely for       9,438        

defrayment of the costs of examinations of the financial affairs   9,439        

of insurance companies made by the superintendent pursuant to the  9,440        

Revised Code.  For purposes of this section, "insurance company"   9,441        

means any domestic or foreign stock company, risk retention        9,442        

group, mutual company, mutual protective association, fraternal    9,443        

benefit society, reciprocal or inter-insurance exchange,           9,444        

nonprofit medical care corporation, AND health care INSURING       9,446        

corporation, and nonprofit dental care corporation, regardless of  9,447        

the type of coverage written, benefits provided, or guarantees     9,448        

made by each.                                                                   

      Sec. 3901.16.  Any association, company, or corporation,     9,457        

INCLUDING A HEALTH INSURING CORPORATION, which violates any law    9,458        

relating to the superintendent of insurance, ANY PROVISION OF      9,460        

CHAPTER 1751. OF THE REVISED CODE, or any insurance law of this                 

state, for the violation of which no forfeiture or penalty is      9,461        

elsewhere provided in the Revised Code, shall forfeit and pay not  9,462        

less than one thousand nor more than ten thousand dollars, to be   9,463        

recovered by an action in the name of the state and on collection  9,464        

to be paid to the superintendent, who shall pay such sum into the  9,465        

state treasury.                                                                 

      Sec. 3901.19.  As used in sections 3901.19 to 3901.26 of     9,474        

the Revised Code:                                                  9,475        

      (A)  "Person" means any individual, corporation,             9,477        

association, partnership, reciprocal exchange, inter-insurer,      9,478        

fraternal benefit society, title guarantee and trust company,      9,479        

prepaid dental plan organization, medical care corporation,        9,480        

health care INSURING corporation, dental care corporation, health  9,482        

maintenance organization incorporated under Chapter 1735., 1736.,               

1737., 1738., 1740., or 1742. of the Revised Code, and any other   9,483        

legal entity.                                                      9,484        

      (B)  "Residents" includes any individual, partnership, or    9,486        

                                                          213    

                                                                 
corporation.                                                       9,487        

      (C)  "Maternity benefits" means those benefits calculated    9,489        

to indemnify the insured for hospital and medical expenses fairly  9,490        

and reasonably associated with a pregnancy and childbirth.         9,491        

      (D)  "Insurance" includes, but is not limited to, any        9,493        

policy or contract offered, issued, sold, or marketed by an        9,494        

insurer, corporation, association, organization, or entity         9,495        

regulated by the superintendent of insurance or doing business in  9,496        

this state.  Nothing in any other section of the Revised Code      9,497        

shall be construed to exclude single premium deferred annuities    9,498        

from the regulation of the superintendent under sections 3901.19   9,499        

to 3901.26 of the Revised Code.                                    9,500        

      Sec. 3901.31.  (A)   Every person who is directly or         9,509        

indirectly the beneficial owner of more than ten per cent of any   9,510        

class of any equity security of a domestic stock insurance         9,511        

company which is not a wholly owned subsidiary of an insurance     9,512        

holding company system or who is a director or officer of such     9,513        

company, shall file with the superintendent of insurance within    9,514        

ten days after he THE PERSON becomes such beneficial owner,        9,515        

director, or officer, a statement in such form as the              9,517        

superintendent of insurance may prescribe, of the amount of all    9,518        

equity securities of such company of which he THE PERSON is the    9,519        

beneficial owner, and within ten days after the close of each      9,521        

calendar month thereafter, if there has been a change in such      9,522        

ownership during such month, shall file with the superintendent    9,523        

of insurance a statement, in such form as the superintendent of    9,524        

insurance may prescribe, indicating his THE PERSON'S ownership at  9,525        

the close of the calendar month and such changes in his THE        9,526        

PERSON'S ownership as have occurred during such calendar month.    9,527        

      (B)  For the purpose of preventing the unfair use of         9,529        

information which may have been obtained by such beneficial        9,530        

owner, director, or officer by reason of his THE BENEFICIAL        9,531        

OWNER'S, DIRECTOR'S, OR OFFICER'S relationship to such company,    9,532        

any profit realized by him THE BENEFICIAL OWNER, DIRECTOR, OR      9,533        

                                                          214    

                                                                 
OFFICER from any purchase and sale, or any sale and purchase, of   9,534        

any equity security of such company within any period of less      9,536        

than six months, unless such security was acquired in good faith   9,537        

in connection with a debt previously contracted, shall inure to    9,538        

and be recoverable by the company, irrespective of any intention   9,539        

on the part of such beneficial owner, director, or officer in      9,540        

entering into such transaction of holding the security purchased   9,541        

or of not repurchasing the security sold for a period exceeding    9,542        

six months.  Suit to recover such profit may be instituted at law  9,543        

or in equity in any court of competent jurisdiction by the         9,544        

company, or by the owner of any security of the company in the     9,545        

name and in behalf of the company if the company fails or refuses  9,546        

to bring such suit within sixty days after request or fails        9,547        

diligently to prosecute the same thereafter; but no such suit      9,548        

shall be brought more than two years after the date such profit    9,549        

was realized.  Division (B) of this section shall not be           9,550        

construed to cover any transaction where such beneficial owner     9,551        

was not such both at the time of purchase and sale, or the sale    9,552        

and purchase, of the security involved, or any transaction or      9,553        

transactions which the superintendent of insurance by rules may    9,554        

exempt as not comprehended within the purpose of division (B) of   9,555        

this section.                                                                   

      (C)  No such beneficial owner, director, or officer,         9,557        

directly or indirectly, shall sell any equity security of such     9,558        

company if the person selling the security or his THE PERSON'S     9,559        

principal does not own the security sold, or if owning the         9,560        

security, does not deliver it against such sale within twenty      9,561        

days thereafter, or does not within five days after such sale      9,562        

deposit it in the mails or other usual channels of                 9,563        

transportation; but no person shall be deemed to have violated     9,564        

division (C) of this section if he THE PERSON proves that          9,565        

notwithstanding the exercise of good faith he THE PERSON was       9,566        

unable to make such delivery or deposit within such time, or that  9,567        

to do so would cause undue inconvenience or expense.                            

                                                          215    

                                                                 
      (D)  A domestic insurance company having at least fifty      9,569        

shareholders or any other person soliciting proxies with respect   9,570        

to such domestic insurance company shall not solicit voting        9,571        

proxies from any shareholder or other person except upon a proxy   9,572        

statement and pursuant to a notice of meeting, which statement     9,573        

and notice have been submitted to the superintendent of insurance  9,574        

at least ten days prior to being mailed to the intended            9,575        

recipients.  Such proxy statement and notice of meeting shall      9,576        

make such disclosures pertinent to the business to be carried on   9,577        

at the meeting or meetings with respect to which such proxies are  9,578        

solicited and such notices are given as the superintendent by      9,579        

rule requires.  The superintendent shall retain such proxy         9,580        

material for examination by any interested party for at least one  9,581        

year.                                                              9,582        

      (E)  Division (B) of this section does not apply to any      9,584        

purchase and sale, or sale and purchase, and division (C) of this  9,585        

section does not apply to any sale, of an equity security of a     9,586        

domestic stock insurance company not then or theretofore held by   9,587        

him in an investment account, by a dealer in the ordinary course   9,588        

of his THE DEALER'S business and incident to the establishment or  9,590        

maintenance by him THE DEALER of a primary or secondary market     9,591        

for such security.  The superintendent of insurance may, by such   9,592        

rules as he THE SUPERINTENDENT considers necessary or appropriate  9,593        

in the public interest, describe and define the terms and          9,595        

conditions with respect to securities held in an investment        9,596        

account and transactions made in the ordinary course of business   9,597        

and incident to the establishment or maintenance of a primary or   9,598        

secondary market.                                                               

      (F)  Divisions (A), (B), and (C) of this section do not      9,600        

apply to foreign or domestic arbitrage transactions unless made    9,601        

in contravention of such rules as the superintendent of insurance  9,602        

may adopt in order to carry out the purposes of this section.      9,603        

      (G)  "Equity security" when used in this section means any   9,605        

stock or similar security; or any security convertible, with or    9,606        

                                                          216    

                                                                 
without consideration, into such a security, or carrying any       9,607        

warrant or right to subscribe to or purchase such a security; or   9,608        

any such warrant or right; or any other security which the         9,609        

superintendent of insurance determines to be of similar nature     9,610        

and considers necessary or appropriate, by such rules as he THE    9,611        

SUPERINTENDENT may prescribe in the public interest or for the     9,612        

protection of investors, to treat as an equity security.           9,613        

      (H)  The superintendent of insurance may adopt, amend, and   9,615        

rescind rules, pursuant to Chapter 119. of the Revised Code,       9,616        

which will enable him THE SUPERINTENDENT to carry out the duties   9,618        

imposed upon him by this section.                                               

      (I)  THIS SECTION APPLIES TO HEALTH INSURING CORPORATIONS    9,620        

IN THE SAME MANNER IN WHICH THIS SECTION APPLIES TO DOMESTIC       9,621        

STOCK INSURANCE COMPANIES.                                         9,622        

      Sec. 3901.32.  As used in sections 3901.32 to 3901.37 of     9,631        

the Revised Code:                                                  9,632        

      (A)  "Affiliate of" or "affiliated with" a specific person   9,634        

means a person that, directly or indirectly, through one or more   9,635        

intermediaries, controls, is controlled by, or is under common     9,636        

control with, the person specified.                                9,637        

      (B)  "Control," including "controlling," "controlled by,"    9,639        

and "under common control with," means the possession, direct or   9,640        

indirect, of the power to direct or cause the direction of the     9,641        

management and policies of a person, whether through the           9,642        

ownership of voting securities, by contract other than a           9,643        

commercial contract for goods or nonmanagement services, or        9,644        

otherwise, unless the power is the result of an official position  9,645        

with or corporate office held by the person.  Control shall be     9,646        

presumed to exist if any person, directly or indirectly, owns,     9,647        

controls, holds with the power to vote, or holds proxies           9,648        

representing, ten per cent or more of the voting securities of     9,649        

any other person.  This presumption may be rebutted by a showing   9,650        

made in the manner provided in division (J) of section 3901.33 of  9,652        

the Revised Code that control does not exist in fact.  The         9,653        

                                                          217    

                                                                 
superintendent of insurance may determine, after furnishing all    9,654        

persons in interest notice and opportunity to be heard and making  9,655        

specific findings of fact to support such determination, that      9,656        

control exists in fact, notwithstanding the absence of a           9,657        

presumption to that effect.                                        9,658        

      (C)  "Insurance holding company system" means two or more    9,660        

affiliated persons, one or more of which is an insurer.            9,661        

      (D)  "Insurer" means any person engaged in the business of   9,663        

insurance, guaranty, or membership, an inter-insurance exchange,   9,664        

a mutual or fraternal benefit society, a prepaid dental plan       9,665        

organization, a health maintenance organization, a medical care,   9,666        

OR A health care, or dental care INSURING corporation, excepting   9,668        

any agency, authority, or instrumentality of the United States,                 

its possessions and territories, the Commonwealth of Puerto Rico,  9,669        

the District of Columbia, or a state or political subdivision of   9,670        

a state.                                                           9,671        

      (E)  "Person" means an individual, a corporation, a          9,673        

partnership, an association, a joint stock company, a trust, an    9,674        

unincorporated organization, any similar entity, or any            9,675        

combination of the foregoing acting in concert.                    9,676        

      (F)  "Subsidiary" of a specified person is an affiliate      9,678        

controlled by such person, directly or indirectly, through one or  9,679        

more intermediaries.                                               9,680        

      (G)  "Voting security" includes any security convertible     9,682        

into or evidencing a right to acquire a voting security.           9,683        

      Sec. 3901.38.  (A)  As used in this section:                 9,692        

      (1)  "Beneficiary" means any policyholder, subscriber,       9,694        

member, employee, or other person who is eligible for benefits     9,695        

under a benefits contract.                                         9,696        

      (2)  "Benefits contract" means a sickness and accident       9,698        

insurance policy providing hospital, surgical, or medical expense  9,699        

coverage, OR A health maintenance organization INSURING            9,700        

CORPORATION contract, preferred provider organization contract,    9,702        

or other policy or agreement under which a third-party payer       9,703        

                                                          218    

                                                                 
agrees to reimburse for covered health care or dental services     9,704        

rendered to beneficiaries, up to the limits and exclusions         9,705        

contained in the benefits contract.                                             

      (3)  "Completed claim" means a proof of loss or a claim for  9,707        

payment for health care services which has been submitted to the   9,708        

appropriate claims processing office of the third-party payer      9,709        

accompanied by sufficient documentation for the third-party payer  9,710        

to determine proof of loss and reasonably required by the          9,711        

third-party payer to accept or reject the claim.                   9,712        

      (4)  "Hospital" has the same meaning set forth in section    9,714        

3727.01 of the Revised Code.                                       9,715        

      (5)  "Proof of loss" means a claim for payment for health    9,717        

care services which has been submitted to the appropriate claims   9,718        

processing office of the third-party payer accompanied by          9,719        

sufficient documentation for the third-party payer to determine    9,720        

benefits payable under the benefits contract and reasonably        9,721        

required by the third-party payer to accept or reject the claim.   9,722        

      (6)  "Provider" means a hospital, nursing home, physician,   9,724        

podiatrist, dentist, pharmacist, chiropractor, or other licensed   9,725        

health care provider entitled to reimbursement by a third-party    9,726        

payer for services rendered to a beneficiary under a benefits      9,727        

contract.                                                          9,728        

      (7)  "Reimburse" means indemnify, make payment, or           9,730        

otherwise accept responsibility for payment for health care        9,731        

services rendered to a beneficiary, or arrange for the provision   9,732        

of health care services to a beneficiary.                          9,733        

      (8)  "Third-party payer" means any of the following:         9,735        

      (a)  An insurance company;                                   9,737        

      (b)  A health maintenance organization INSURING              9,739        

CORPORATION;                                                                    

      (c)  A preferred provider organization;                      9,741        

      (d)  A labor organization;                                   9,743        

      (e)  An employer;                                            9,745        

      (f)  A prepaid dental plan organization AN INTERMEDIARY      9,747        

                                                          219    

                                                                 
ORGANIZATION, AS DEFINED IN SECTION 1751.01 OF THE REVISED CODE,   9,748        

THAT IS NOT A HEALTH DELIVERY NETWORK CONTRACTING SOLELY WITH      9,749        

SELF-INSURED EMPLOYERS;                                                         

      (g)  An administrator subject to sections 3959.01 to         9,751        

3959.16 of the Revised Code;                                       9,752        

      (h)  A HEALTH DELIVERY NETWORK, AS DEFINED IN SECTION        9,754        

1751.01 OF THE REVISED CODE;                                       9,755        

      (i)  Any other person that is obligated pursuant to a        9,757        

benefits contract to reimburse for covered health care services    9,758        

rendered to beneficiaries under such contract.                     9,759        

      (B)(1)  Except as provided in division (B)(2) of this        9,761        

section, within twenty-four days of the receipt of a completed     9,762        

claim from a provider or a beneficiary for reimbursement for       9,763        

health care services rendered by the provider to a beneficiary, a  9,764        

third-party payer shall, in accordance with division (D) of this   9,765        

section, make payment of any amount due on such claim.             9,766        

      (2)  A third-party payer and a provider may, in negotiating  9,768        

a reimbursement contract, agree to any time period by which a      9,769        

third-party payer shall, subject to division (D) of this section,  9,770        

make payment of any amount due on a completed claim.  Nothing in   9,771        

this division shall be construed as limiting in any manner the     9,772        

application of the requirements of this section to any benefits    9,773        

or reimbursement contract.                                         9,774        

      (3)  Any provider or beneficiary aggrieved with respect to   9,776        

any act of a third-party payer that such provider or beneficiary   9,777        

believes to be a violation of division (B)(1) or (2) of this       9,778        

section may file a written complaint with the superintendent of    9,779        

insurance.  If a series of such complaints is received by the      9,780        

superintendent with respect to a particular third-party payer and  9,781        

if, after investigation, the superintendent finds that such        9,782        

third-party payer has engaged in a series of such violations       9,783        

which, taken together, constitute a consistent pattern or a        9,784        

practice of such third-party payer to violate division (B)(1) or   9,785        

(2) of this section, the superintendent shall issue an order       9,786        

                                                          220    

                                                                 
requiring such third-party payer to cease and desist from          9,787        

engaging in such violations and to pay a late payment penalty as   9,788        

specified in divisions (B)(4) and (5) of this section with         9,789        

respect to the claims the superintendent finds were not timely     9,790        

paid.  In the order, the superintendent shall specify the reasons  9,791        

for his THE SUPERINTENDENT'S finding and order and state that a    9,792        

hearing conducted pursuant to Chapter 119. of the Revised Code     9,794        

shall be held within fifteen days after requested in writing by    9,795        

the third-party payer. The provisions of this division (B)(3) of   9,796        

this section are in addition to, and not in lieu of, such other    9,797        

remedies as providers and beneficiaries may otherwise have by      9,798        

law.                                                                            

      (4)(a)  The late payment penalty shall be computed based     9,800        

upon the number of days that have elapsed between the date         9,801        

payment is due in accordance with division (B)(1) or (2) of this   9,802        

section and the date payment is actually sent.                     9,803        

      (b)  The interest rate for determining the amount of the     9,805        

late payment penalty shall be the rate agreed to by the provider   9,806        

and the third-party payer or the rate specified by and determined  9,807        

in accordance with division (A) of section 1343.01 of the Revised  9,808        

Code.                                                              9,809        

      (5)  A provider and a third-party payer may enter into a     9,811        

contractual agreement in which the timing of payments by the       9,812        

third-party payer is not directly related to the receipt of a      9,813        

completed claim.  Such contractual arrangement may include         9,814        

periodic interim payment arrangements, capitation payment          9,815        

arrangements, or other payment arrangements acceptable to the      9,816        

provider and the third-party payer.  Except as agreed to under     9,817        

such contract, this section does not apply to such payment         9,818        

arrangements.                                                      9,819        

      (6)  Any late payment penalty due and payable by a           9,821        

third-party payer in accordance with this section shall not be     9,822        

used to reduce benefits or payments otherwise payable under a      9,823        

benefits contract.                                                 9,824        

                                                          221    

                                                                 
      (C)  No third-party payer shall refuse to process or pay     9,826        

within the time period required under division (B)(1) or (2) of    9,827        

this section a completed claim submitted by a provider on the      9,828        

ground the beneficiary has not been discharged from the hospital   9,829        

or the treatment has not been completed, if the submitted claim    9,830        

covers services actually rendered and charges actually incurred    9,831        

over at least a thirty-day period.                                 9,832        

      (D)(1)  Nothwithstanding NOTWITHSTANDING section 1742.10 or  9,834        

division (I)(2) of section 3923.04 of the Revised Code, a          9,835        

reimbursement contract entered into or renewed on or after the     9,836        

effective date of this section JUNE 29, 1988, between a            9,837        

third-party payer and a hospital shall provide that reimbursement  9,838        

for any service provided by a hospital pursuant to a               9,839        

reimbursement contract and covered under a benefits contract       9,840        

shall be made directly to the hospital.                            9,841        

      (2)  If the third-party payer and the hospital have not      9,843        

entered into a contract regarding the provision and reimbursement  9,844        

for covered services, the third-party payer shall accept and       9,845        

honor a completed and validly executed assignment of benefits      9,846        

with a hospital by a beneficiary, except when the third-party      9,847        

payer has notified the hospital in writing of the conditions       9,848        

under which the third-party payer will not accept and honor an     9,849        

assignment of benefits.  Such notice shall be made annually.       9,850        

      (3)  A third-party payer may not refuse to accept and honor  9,852        

a validly executed assignment of benefits with a hospital          9,853        

pursuant to division (D)(2) of this section for medically          9,854        

necessary hospital services provided on an emergency basis.        9,855        

      (E)  A series of violations which taken together,            9,857        

constitute a consistent pattern or a practice of violation of any  9,858        

of the provisions of this section is an unfair and deceptive act   9,859        

pursuant to sections 3901.19 to 3901.23 of the Revised Code and    9,860        

is subject to proceedings pursuant to those sections.              9,861        

      Sec. 3901.40.  No insurance company, medical care            9,870        

corporation, health care INSURING corporation, OR self-insurance   9,872        

                                                          222    

                                                                 
plan, or dental care corporation authorized to do business in      9,874        

this state shall include or provide in its policies or subscriber               

agreements for benefit payments or reimbursement for services in   9,875        

any hospital which is not certified or accredited as provided in   9,876        

division (A) of section 3727.02 of the Revised Code.  No hospital  9,877        

located in this state shall charge any insurance company, medical  9,878        

care corporation, health care INSURING corporation, dental care    9,880        

corporation, federal, state, or local government agency, or                     

person for any services rendered unless the hospital is certified  9,882        

or accredited as provided in division (A) of section 3727.02 of    9,883        

the Revised Code.  "Hospital" as used in this section means only   9,884        

those institutions included within the definition of that term     9,885        

contained in section 3727.01 of the Revised Code, and the          9,886        

prohibitions in this section do not apply to facilities excluded                

from that definition.                                              9,887        

      Sec. 3901.41.  (A)  An insurance company licensed to         9,896        

transact business in this state, OR A HEALTH INSURING CORPORATION  9,898        

HOLDING A CERTIFICATE OF AUTHORITY UNDER CHAPTER 1751. OF THE      9,899        

REVISED CODE, shall notify the superintendent of insurance and     9,900        

deliver a copy of any order or judgment to the superintendent      9,901        

within thirty days of the happening in another state of any one    9,902        

or more of the following:                                                       

      (1)  Suspension or revocation of its right to transact       9,904        

business;                                                          9,905        

      (2)  Receipt of an order to show cause why its license       9,907        

should not be suspended or revoked;                                9,908        

      (3)  Imposition of a penalty on it for any violation of the  9,910        

insurance laws of such other state.                                9,911        

      (B)  Whenever the superintendent finds that an insurance     9,913        

company OR A HEALTH INSURING CORPORATION has failed to notify the  9,914        

superintendent and to deliver a copy of any order or judgment to   9,916        

him THE SUPERINTENDENT pursuant to division (A) of this section,   9,917        

he THE SUPERINTENDENT may order a hearing to be held not less      9,918        

than thirty days after the service of notice, to require it to     9,919        

                                                          223    

                                                                 
show cause why an order should not be made by the superintendent,  9,920        

as a result of the violation of division (A) of this section,      9,921        

directing the company OR CORPORATION to suspend any transaction    9,922        

of business in this state or levying a penalty against the         9,924        

company in an amount not to exceed five hundred dollars.  All      9,925        

such hearings shall be conducted, and may be appealed, in          9,926        

accordance with sections 119.01 to 119.13 CHAPTER 119. of the      9,927        

Revised Code.                                                      9,928        

      Sec. 3901.48.  (A)  The original work papers of a certified  9,937        

public accountant performing an audit of an insurance company OR   9,939        

HEALTH INSURING CORPORATION doing business in this state that is                

required by rule or by any section of the Revised Code to file an  9,941        

audited financial report with the superintendent of insurance      9,942        

shall remain the property of the certified public accountant.      9,943        

Any copies of these work papers voluntarily given to the           9,944        

superintendent shall be the property of the superintendent.  The   9,945        

original work papers or any copies of them, whether in possession  9,946        

of the certified public accountant or the department of            9,947        

insurance, are confidential and are not a public record as         9,948        

defined in section 149.43 of the Revised Code. The original work   9,949        

papers and any copies of them are not subject to subpoena and      9,950        

shall not be made public by the superintendent or any other        9,951        

person.  However, the original work papers and any copies of them  9,952        

may be released by the superintendent to the insurance regulatory  9,953        

authority of any other state if that authority agrees to maintain  9,954        

the confidentiality of the work papers or copies and if the work   9,955        

papers and copies are not public records under the laws of that    9,956        

state.                                                             9,957        

      (B)  The work papers of the superintendent or of the person  9,959        

appointed by him THE SUPERINTENDENT, resulting from the conduct    9,960        

of an examination made pursuant to section 3901.07 of the Revised  9,962        

Code, are confidential and are not a public record as defined in   9,963        

section 149.43 of the Revised Code. The original work papers and   9,964        

any copies of them are not subject to subpoena and shall not be    9,965        

                                                          224    

                                                                 
made public by the superintendent or any other person.  However,   9,966        

the original work papers and any copies of them may be released    9,967        

by the superintendent to the insurance regulatory authority of     9,968        

any other state if that authority agrees to maintain the           9,969        

confidentiality of the work papers or copies and if the work       9,970        

papers and copies are not public records under the laws of that    9,971        

state.                                                             9,972        

      (C)  The work papers of the superintendent or of any person  9,974        

appointed by the superintendent, resulting from the conduct of a   9,975        

performance regulation examination made pursuant to authority      9,976        

granted under section 3901.011 of the Revised Code, are            9,977        

confidential and are not a public record as defined in section     9,978        

149.43 of the Revised Code.  The original work papers and any      9,979        

copies of them are not subject to subpoena and shall not be made   9,980        

public by the superintendent or any other person.  However, the    9,981        

original work papers and any copies of them may be released by     9,982        

the superintendent to the insurance regulatory authority of any    9,983        

other state if that authority agrees to maintain the               9,984        

confidentiality of the work papers or copies and if the work       9,985        

papers and copies are not public records under the laws of that    9,986        

state.                                                                          

      Sec. 3901.72.  Any person may advance to a domestic          9,996        

insurance company or a health maintenance organization INSURING    9,997        

CORPORATION any sum of money necessary for the purpose of the      9,999        

insurance company's or health maintenance organization's INSURING  10,000       

CORPORATION'S business, or to enable the insurance company or      10,002       

health maintenance organization INSURING CORPORATION to comply     10,003       

with any law, or as a cash guarantee fund.  Such money, and        10,004       

interest agreed upon, not exceeding ten per cent per annum or the  10,005       

total of four hundred basis points plus the rate on United States  10,006       

treasury notes or bonds closest in maturity to the final           10,007       

repayment date of the money so advanced, whichever is greater,     10,008       

shall not be a liability or claim against the insurance company    10,009       

or health maintenance organization INSURING CORPORATION, or any    10,010       

                                                          225    

                                                                 
of its assets, except as provided in this section, and shall be    10,012       

repaid only out of the surplus earnings of such insurance company  10,013       

or health maintenance organization INSURING CORPORATION.  Except   10,014       

as ordered by the superintendent of insurance, no part of the      10,016       

principal or interest thereof shall be repaid until the surplus    10,017       

of the insurance company or health maintenance organization        10,018       

INSURING CORPORATION remaining after such repayment is equal in    10,019       

amount to the principal of the money so advanced.  Such            10,020       

advancement and repayment shall be subject to the approval of the  10,021       

superintendent, provided that this section shall not affect the    10,022       

power to borrow money which any such insurance company or health   10,023       

maintenance organization INSURING CORPORATION possesses under      10,024       

other laws.  No commission or promotion expenses shall be paid by  10,026       

the insurance company or health maintenance organization INSURING  10,027       

CORPORATION, in connection with the advance of any such money to   10,029       

the insurance company or health maintenance organization INSURING  10,030       

CORPORATION, and the amount of any such unpaid advance shall be    10,032       

reported in each annual statement.                                              

      Sec. 3902.01.  (A)  The purpose of sections 3902.01 to       10,041       

3902.08 of the Revised Code is to establish minimum standards for  10,042       

language used in policies and certificates of life insurance and   10,043       

annuities, credit life insurance and credit disability insurance,  10,044       

and sickness and accident insurance, and subscriber POLICIES OR    10,045       

certificates of medical care corporations, health care INSURING    10,046       

corporations, dental care corporations, and health maintenance     10,047       

organizations, delivered or issued for deliver DELIVERY in this    10,049       

state, to facilitate ease of reading by insureds and subscribers.  10,051       

      (B)  Sections 3902.01 to 3902.08 of the Revised Code are     10,053       

not intended to increase the risk assumed by insurance companies   10,054       

or other entities subject to sections 3902.01 to 3902.08 of the    10,055       

Revised Code or to supersede their obligation to comply with the   10,056       

substance of other applicable insurance laws.  Sections 3902.01    10,057       

to 3902.08 of the Revised Code are not intended to impede                       

flexibility and innovation in the development of policy forms or   10,058       

                                                          226    

                                                                 
content, or to lead to the standardization of policy forms or      10,059       

content.                                                                        

      Sec. 3902.02.  As used in sections 3902.01 to 3902.08 of     10,068       

the Revised Code:                                                  10,069       

      (A)  "Policy" or "policy form" means any policy, contract,   10,071       

plan or agreement of life insurance and annuities, credit life     10,072       

insurance and credit disability insurance, and sickness and        10,073       

accident insurance, and subscriber POLICIES, CONTRACTS,            10,074       

certificates, AND AGREEMENTS of medical care corporations, health  10,076       

care INSURING corporations, dental care corporations, and health   10,078       

maintenance organizations, delivered or issued for delivery in     10,079       

this state by any company subject to sections 3902.01 to 3902.08   10,080       

of the Revised Code; any certificate, contract or policy issued    10,081       

by a fraternal benefit society; any certificate issued pursuant    10,082       

to a group insurance policy delivered or issued for delivery in    10,083       

this state; and any evidence of coverage issued by a health        10,084       

maintenance organization INSURING CORPORATION.                                  

      (B)  "Company" or "insurer" means any entity authorized to   10,086       

do the business of life insurance and annuities, sickness and      10,087       

accident insurance, credit life insurance, or credit disability    10,088       

insurance; a fraternal benefit society; AND a medical care         10,089       

corporation; a health care INSURING corporation; a dental care     10,091       

corporation; and a health maintenance organization.                10,092       

      Sec. 3902.11.  As used in sections 3902.11 to 3902.14 of     10,101       

the Revised Code:                                                  10,102       

      (A)  "Beneficiary" has the same meaning as in division       10,104       

(A)(1) of section 3901.38 of the Revised Code.                     10,105       

      (B)  "Plan of health coverage" means any of the following    10,107       

if the policy, contract, or agreement contains a coordination of   10,108       

benefits provision:                                                10,109       

      (1)  An individual or group sickness and accident insurance  10,111       

policy or an individual or group contract of a health maintenance  10,112       

organization, which policy or contract provides for hospital,      10,113       

dental, surgical, or medical services;                             10,114       

                                                          227    

                                                                 
      (2)  Any individual or group contract that provides dental   10,116       

benefits OF A HEALTH INSURING CORPORATION, WHICH CONTRACT          10,117       

PROVIDES FOR HOSPITAL, DENTAL, SURGICAL, OR MEDICAL SERVICES;      10,118       

      (3)  Any other individual or group policy or agreement       10,120       

under which a third-party payer provides for hospital, dental,     10,121       

surgical, or medical services;                                     10,122       

      (4)  An individual or group contract of a health care        10,124       

corporation.                                                       10,125       

      (C)  "Provider" has the same meaning as in division (A)(6)   10,127       

of section 3901.38 of the Revised Code.                            10,128       

      (D)  "Third-party payer" has the same meaning as in          10,130       

division (A)(8) of section 3901.38 of the Revised Code, and        10,131       

includes any health care corporation.                              10,132       

      Sec. 3902.13.  (A)  A plan of health coverage determines     10,141       

its order of benefits using the first of the following that        10,142       

applies:                                                           10,143       

      (1)  A plan that does not coordinate with other plans is     10,145       

always the primary plan.                                           10,146       

      (2)  The benefits of the plan that covers a person as an     10,148       

employee, member, insured, or subscriber, other than a dependent,  10,149       

is the primary plan.  The plan that covers the person as a         10,150       

dependent is the secondary plan.                                   10,151       

      (3)  When more than one plan covers the same child as a      10,153       

dependent of different parents who are not divorced or separated,  10,154       

the primary plan is the plan of the parent whose birthday falls    10,155       

earlier in the year.  The secondary plan is the plan of the        10,156       

parent whose birthday falls later in the year.  If both parents    10,157       

have the same birthday, the benefits of the plan that covered the  10,158       

parent the longer is the primary plan.  The plan that covered the  10,159       

parent the shorter time is the secondary plan.  If the other       10,160       

plan's provision for coordination of benefits does not include     10,161       

the rule contained in this division because it is not subject to   10,162       

regulation under this division, but instead has a rule based on    10,163       

the gender of the parent, and if, as a result, the plans do not    10,164       

                                                          228    

                                                                 
agree on the order of benefits, the rule of the other plan will    10,165       

determine the order of benefits.                                   10,166       

      (4)(a)  Except as provided in division (A)(4)(b) of this     10,168       

section, if more than one plan covers a person as a dependent      10,169       

child of divorced or separated parents, benefits for the child     10,170       

are determined in the following order:                             10,171       

      (i)  The plan of the parent who is the residential parent    10,173       

and legal custodian of the child;                                  10,174       

      (ii)  The plan of the spouse of the parent who is the        10,176       

residential parent and legal custodian of the child;               10,177       

      (iii)  The plan of the parent who is not the residential     10,179       

parent and legal custodian of the child.                           10,180       

      (b)  If the specific terms of a court decree state that one  10,182       

parent is responsible for the health care expenses of the child,   10,183       

the plan of that parent is the primary plan.  A parent             10,184       

responsible for the health care pursuant to a court decree must    10,185       

notify the insurer or health maintenance organization INSURING     10,186       

CORPORATION of the terms of the decree.                            10,188       

      (5)  The primary plan is the plan that covers a person as    10,190       

an employee who is neither laid off or retired, or that            10,191       

employee's dependent.  The secondary plan is the plan that covers  10,192       

that person as a laid-off or retired employee, or that employee's  10,193       

dependent.                                                         10,194       

      (6)  If none of the rules in divisions (A)(1), (2), (3),     10,196       

(4), and (5) of this section determines the order of benefits,     10,197       

the primary plan is the plan that covered an employee, member,     10,198       

insured, or subscriber longer.  The secondary plan is the plan     10,199       

that covered that person the shorter time.                         10,200       

      (B)  When a plan of health coverage is determined to be a    10,202       

secondary plan it acts to provide benefits in excess of those      10,203       

provided by the primary plan.                                      10,204       

      (C)  The secondary plan shall not be required to make        10,206       

payment in an amount which exceeds the amount it would have paid   10,207       

if it were the primary plan, but in no event, when combined with   10,208       

                                                          229    

                                                                 
the amount paid by the primary plan, shall payments by the         10,209       

secondary plan exceed one hundred per cent of expenses allowable   10,210       

under the provisions of the applicable policies and contracts.     10,211       

      (D)  A third-party payer may require a beneficiary to file   10,213       

a claim with the primary plan before it determines the amount of   10,214       

its payment obligation, if any, with regard to that claim.         10,215       

      (E)  Nothing in this section shall be construed to require   10,217       

a plan to make a payment until it determines whether it is the     10,218       

primary plan or the secondary plan and what benefits are payable   10,219       

under the primary plan.                                            10,220       

      (F)  A plan may obtain any facts and information necessary   10,222       

to apply the provisions of this section, or supply this            10,223       

information to any other third-party payer or provider, or any     10,224       

agent of such third-party payer or provider, without the consent   10,225       

of the beneficiary.  Each person claiming benefits under the plan  10,226       

shall provide any information necessary to apply the provisions    10,227       

of this section.                                                   10,228       

      (G)  If the amount of payments made by any plan is more      10,230       

than should have been paid, the plan may recover the excess from   10,231       

whichever party received the excess payment.                       10,232       

      (H)  No third-party payer shall administer a plan of health  10,234       

coverage delivered, issued for delivery, or renewed on or after    10,235       

June 29, 1988, unless such plan complies with this section.        10,236       

      (I)(1)  A third-party payer that is subject to this section  10,238       

and has reason to believe payment has been made by another         10,239       

third-party payer for the same service may request from that       10,240       

third-party payer, and shall be provided by the third-party        10,241       

payer, such data as necessary to determine whether duplicate       10,242       

payment has been made.                                             10,243       

      (2)  A third-party payer that meets the criteria of a        10,245       

secondary payer in accordance with this section may seek           10,246       

repayment of any duplicate payment that may have been made from    10,247       

the person to whom it made payment.  If the person who received    10,248       

the duplicate payment is a provider, absent a finding of a court   10,249       

                                                          230    

                                                                 
of competent jurisdiction that the provider has engaged in civil   10,250       

or criminal fraudulent activities, the request for the return of   10,251       

any duplicate payment shall be made within three years after the   10,252       

close of the provider's fiscal year in which the duplicate         10,253       

payment has been made.                                             10,254       

      (J)  Nothing in this section shall be construed to affect    10,256       

the prohibition of section 3923.37 of the Revised Code.            10,257       

      (K)(1)  No third-party payer shall knowingly fail to comply  10,259       

with the order of benefits as set forth in division (A) of this    10,260       

section.                                                           10,261       

      (2)  No primary plan shall direct or encourage an insured    10,263       

to use the benefits of a secondary plan that results in a          10,264       

reduction of payment by such primary plan.                         10,265       

      (L)  Whoever violates division (K) of this section is        10,267       

deemed to have engaged in an unfair and deceptive insurance act    10,268       

or practice under sections 3901.19 to 3901.26 of the Revised       10,269       

Code, and is subject to proceedings pursuant to those sections.    10,270       

      Sec. 3904.01.  As used in sections 3904.01 to 3904.22 of     10,279       

the Revised Code:                                                  10,280       

      (A)(1)  "Adverse underwriting decision" means any of the     10,282       

following actions with respect to insurance transactions           10,283       

involving life, health, or disability insurance coverage that is   10,284       

individually underwritten:                                         10,285       

      (a)  A declination of insurance coverage;                    10,287       

      (b)  A termination of insurance coverage;                    10,289       

      (c)  Failure of an agent to apply for insurance coverage     10,291       

with a specific insurance institution that the agent represents    10,292       

and that is requested by an applicant;                             10,293       

      (d)  An offer to insure at higher than standard rates.       10,295       

      (2)  Notwithstanding division (A)(1) of this section, none   10,297       

of the following actions is an adverse underwriting decision, but  10,298       

the insurance institution or agent responsible for their           10,299       

occurrence shall nevertheless provide the applicant or             10,300       

policyholder with the specific reason or reasons for their         10,301       

                                                          231    

                                                                 
occurrence:                                                        10,302       

      (a)  The termination of an individual policy form on a       10,304       

class or statewide basis;                                          10,305       

      (b)  A declination of insurance coverage solely because the  10,307       

coverage is not available on a class or statewide basis;           10,308       

      (c)  The rescission of a policy.                             10,310       

      (B)  "Affiliate" or "affiliated" means a person that         10,312       

directly, or indirectly through one or more intermediaries,        10,313       

controls, is controlled by, or is under common control with        10,314       

another person.                                                    10,315       

      (C)  "Agent" means a person licensed under Chapter 3905. of  10,317       

the Revised Code to negotiate or solicit applications for a        10,318       

policy or contract of life, health, or disability insurance.       10,319       

      (D)  "Applicant" means any person that seeks to contract     10,321       

for life, health, or disability insurance coverage other than a    10,322       

person seeking group insurance that is not individually            10,323       

underwritten.                                                      10,324       

      (E)  "Consumer report" means any written, oral, or other     10,326       

communication of information bearing on a natural person's credit  10,327       

worthiness, credit standing, credit capacity, character, general   10,328       

reputation, personal characteristics, or mode of living that is    10,329       

used or expected to be used in connection with a life, health, or  10,330       

disability insurance transaction.                                  10,331       

      (F)  "Consumer reporting agency" means any person that does  10,333       

all of the following:                                              10,334       

      (1)  Regularly engages, in whole or in part, in the          10,336       

practice of assembling or preparing consumer reports for a         10,337       

monetary fee;                                                      10,338       

      (2)  Obtains information primarily from sources other than   10,340       

insurance institutions;                                            10,341       

      (3)  Furnishes consumer reports to other persons.            10,343       

      (G)  "Control," including the terms "controlled by" or       10,345       

"under common control with," means the possession, direct or       10,346       

indirect, of the power to direct or cause the direction of the     10,347       

                                                          232    

                                                                 
management and policies of a person, whether through the           10,348       

ownership of voting securities, by contract other than a           10,349       

commercial contract for goods or nonmanagement services, or        10,350       

otherwise, unless the power is the result of an official position  10,351       

with or corporate office held by the person.                       10,352       

      (H)  "Declination of insurance coverage" means a denial, in  10,354       

whole or in part, by an insurance institution or agent of          10,355       

requested insurance coverage.                                      10,356       

      (I)  "Individual" means any natural person who in            10,358       

connection with life, health, or disability insurance:             10,359       

      (1)  Is a past, present, or proposed principal insured or    10,361       

certificate holder;                                                10,362       

      (2)  Is a past, present, or proposed policy owner;           10,364       

      (3)  Is a past or present applicant;                         10,366       

      (4)  Is a past or present claimant;                          10,368       

      (5)  Derived, derives, or is proposed to derive insurance    10,370       

coverage under an insurance policy or certificate subject to       10,371       

sections 3904.01 to 3904.22 of the Revised Code.                   10,372       

      (J)  "Institutional source" means any person or              10,374       

governmental entity that provides information about an individual  10,375       

to an agent, insurance institution, or insurance support           10,376       

organization, other than any of the following:                     10,377       

      (1)  An agent;                                               10,379       

      (2)  The individual who is the subject of the information;   10,381       

      (3)  A natural person acting in a personal capacity rather   10,383       

than in a business or professional capacity.                       10,384       

      (K)  "Insurance institution" means any corporation,          10,386       

association, partnership, fraternal benefit society, or other      10,387       

person engaged in the business of life, health, or disability      10,388       

insurance, including health maintenance organizations, prepaid     10,389       

dental plan organizations, medical care corporations, health care  10,390       

INSURING corporations, and dental care corporations.  "Insurance   10,392       

institution" does not include agents or insurance support          10,393       

organizations.                                                     10,394       

                                                          233    

                                                                 
      (L)(1)  "Insurance support organization" means any person    10,396       

that regularly engages, in whole or in part, in the practice of    10,397       

assembling or collecting information about natural persons for     10,398       

the primary purpose of providing the information to an insurance   10,399       

institution or agent for insurance transactions, including both    10,400       

of the following:                                                  10,401       

      (a)  The furnishing of consumer reports or investigative     10,403       

consumer reports to an insurance institution or agent for use in   10,404       

connection with an insurance transaction;                          10,405       

      (b)  The collection of personal information from insurance   10,407       

institutions, agents, or other insurance support organizations     10,408       

for the purpose of detecting or preventing fraud, material         10,409       

misrepresentation, or material nondisclosure in connection with    10,410       

insurance underwriting or insurance claim activity.                10,411       

      (2)  Notwithstanding division (L)(1) of this section,        10,413       

agents, government institutions, insurance institutions, medical   10,414       

care institutions, and medical professionals are not "insurance    10,415       

support organizations" for purposes of sections 3904.01 to         10,416       

3904.22 of the Revised Code.                                       10,417       

      (M)  "Insurance transaction" means any transaction           10,419       

involving life, health, or disability insurance primarily for      10,420       

personal, family, or household needs rather than business or       10,421       

professional needs and entailing either the determination of an    10,422       

individual's eligibility for a life, health, or disability         10,423       

insurance coverage, benefit, or payment, or the servicing of a     10,424       

life, health, or disability insurance application, policy,         10,425       

contract, or certificate.                                          10,426       

      (N)  "Investigative consumer report" means a consumer        10,428       

report or portion thereof in which information about a natural     10,429       

person's character, general reputation, personal characteristics,  10,430       

or mode of living is obtained through personal interviews with     10,431       

the person's neighbors, friends, associates, acquaintances, or     10,432       

others who may have knowledge concerning such items of             10,433       

information.                                                       10,434       

                                                          234    

                                                                 
      (O)  "Medical care institution" means any facility or        10,436       

institution that is licensed to provide health care services to    10,437       

natural persons, including home-health agencies, hospitals,        10,438       

medical clinics, public health agencies, rehabilitation agencies,  10,439       

and skilled nursing facilities.                                    10,440       

      (P)  "Medical professional" means any person licensed or     10,442       

certified to provide health care services to natural persons,      10,443       

including a chiropractor, clinical dietician, clinical             10,444       

psychologist, dentist, nurse, occupational therapist,              10,445       

optometrist, pharmacist, physical therapist, physician,            10,446       

podiatrist, psychiatric social worker, and speech therapist.       10,447       

      (Q)  "Medical record information" means personal             10,449       

information that relates to an individual's physical or mental     10,450       

condition, medical history, or medical treatment and that is       10,451       

obtained from a medical professional or medical care institution,  10,452       

from the individual, or from the individual's spouse, parent, or   10,453       

legal guardian.                                                    10,454       

      (R)  "Personal information" means any individually           10,456       

identifiable information gathered in connection with an insurance  10,457       

transaction from which judgments can be made about an              10,458       

individual's character, habits, avocations, finances, occupation,  10,459       

general reputation, credit, health, or any other personal          10,460       

characteristics.  "Personal information" includes an individual's  10,461       

name and address and medical record information but does not       10,462       

include privileged information.                                    10,463       

      (S)  "Policyholder" means any person that is a present       10,465       

owner of individual life, health, or disability insurance, or a    10,466       

present certificate holder under group life, health, or            10,467       

disability insurance that is individually underwritten.            10,468       

      (T)  "Pretext interview" means an interview whereby a        10,470       

person, in an attempt to obtain information about a natural        10,471       

person, performs one or more of the following acts:                10,472       

      (1)  Pretends to be someone he THE INTERVIEWER is not;       10,474       

      (2)  Pretends to represent a person he THE INTERVIEWER is    10,476       

                                                          235    

                                                                 
not in fact representing;                                          10,478       

      (3)  Misrepresents the true purpose of the interview;        10,480       

      (4)  Refuses to identify himself SELF upon request.          10,482       

      (U)  "Privileged information" means any individually         10,484       

identifiable information that relates to a claim for life,         10,485       

health, or disability insurance benefits or a civil or criminal    10,486       

proceeding involving an individual, and that is collected in       10,487       

connection with, or in reasonable anticipation of, a claim for     10,488       

life, health, or disability insurance benefits or civil or         10,489       

criminal proceeding involving an individual.  However,             10,490       

information otherwise meeting the requirements of this division    10,491       

shall nevertheless be considered personal information if it is     10,492       

disclosed in violation of section 3904.13 of the Revised Code.     10,493       

      (V)  "Termination of insurance coverage" or "termination of  10,495       

an insurance policy" means either a cancellation or nonrenewal of  10,496       

a life, health, or disability insurance policy, in whole or in     10,497       

part, for any reason other than the failure to pay a premium as    10,498       

required by the policy.                                            10,499       

      (W)  "Unauthorized insurer" means an insurance institution   10,501       

that has not been granted a certificate of authority by the        10,502       

superintendent of insurance to transact the business of life,      10,503       

health, or disability insurance in this state.                     10,504       

      Sec. 3905.71.  As used in sections 3905.71 to 3905.79 of     10,513       

the Revised Code:                                                  10,514       

      (A)  "Actuary" means a person who is a member in good        10,516       

standing of the American academy of actuaries.                     10,517       

      (B)  "Insurer" means any person licensed to do business in   10,519       

this state under Chapter 1736., 1737., 1738., 1740., 1742., 1751.  10,521       

or 1761. of the Revised Code or Title XXXIX of the Revised Code.   10,522       

      (C)  "Laws of this state relating to insurance" has the      10,524       

same meaning as in section 3901.04 of the Revised Code.            10,525       

      (D)(1)  "Managing general agent" means any person that does  10,527       

all of the following:                                              10,528       

      (a)  Manages all or part of the insurance business of an     10,530       

                                                          236    

                                                                 
insurer, including the management of a separate division,          10,531       

department, or underwriting office, or negotiates and binds        10,532       

ceding reinsurance contracts on behalf of an insurer;              10,533       

      (b)  Acts as an agent for the insurer, whether known as a    10,535       

managing general agent, manager, or other similar term;            10,536       

      (c)  With or without the authority of the insurer,           10,538       

separately or together with affiliates, does both of the           10,539       

following:                                                         10,540       

      (i)  Produces, directly or indirectly, and underwrites an    10,542       

amount of gross direct written premium equal to or more than five  10,543       

per cent of the policyholder surplus of the insurer as reported    10,544       

in the last annual statement of the insurer in any one year;       10,545       

      (ii)  Adjusts or pays claims, or negotiates reinsurance on   10,547       

behalf of the insurer.                                             10,548       

      (2)  "Managing general agent" does not include any of the    10,550       

following:                                                         10,551       

      (a)  An employee of the insurer;                             10,553       

      (b)  A United States manager of the United States branch of  10,555       

an alien insurer;                                                  10,556       

      (c)  An underwriting manager that, pursuant to contract,     10,558       

manages all or a part of the insurance operations of the insurer,  10,559       

is under common control with the insurer, subject to sections      10,560       

3901.32 to 3901.37 of the Revised Code, and whose compensation is  10,561       

not based on the volume of premiums written;                       10,562       

      (d)  The attorney authorized by and acting for the           10,564       

subscribers of a reciprocal insurer or inter-insurance exchange    10,565       

under powers of attorney;                                          10,566       

      (e)  An administrator licensed pursuant to Chapter 3959. of  10,568       

the Revised Code whose activities on behalf of an insurer are      10,569       

limited to administrative services involving underwriting or the   10,570       

payment of claims, and do not include the management of all or     10,571       

part of the insurance business of the insurer.                     10,572       

      (E)  "Underwrite" or "underwriting" means the authority to   10,574       

accept or reject risk on behalf of an insurer.                     10,575       

                                                          237    

                                                                 
      Sec. 3923.123.  (A)  As used in this section:                10,584       

      (1)  "Association" means a voluntary unincorporated          10,586       

association of insurers formed for the sole purpose of enabling    10,587       

cooperative action to provide health coverage in accordance with   10,588       

this section.                                                      10,589       

      (2)  "Insurer" includes any insurance company authorized to  10,591       

do the business of sickness and accident insurance in this state,  10,592       

medical care corporation organized under Chapter 1737. of the      10,593       

Revised Code, AND ANY health care INSURING corporation organized   10,595       

HOLDING A CERTIFICATE OF AUTHORITY under Chapter 1738. 1751. of    10,596       

the Revised Code, dental care corporation organized under Chapter  10,598       

1740. of the Revised Code, or hospital maintenance organization    10,599       

organized under Chapter 1742. of the Revised Code.                              

      (3)  "Insured" means a person covered under a group policy   10,601       

or contract issued pursuant to this section.                       10,602       

      (4)  "Qualified unemployed person" means one who became      10,604       

unemployed while a resident of this state from employment or       10,605       

self-employment and has since been continuously unemployed or is   10,606       

employed only so that he THE PERSON does not have, or have a       10,607       

right to purchase, group health coverage.  An individual who is,   10,609       

or who becomes, covered by medicare is not a qualified unemployed  10,610       

person.  A person eligible for coverage under this section, who    10,611       

is also eligible for continuation of coverage under section        10,612       

1737.30, 1738.26, 1742.34, 1751.53 or 3923.38 of the Revised       10,613       

Code, may elect either coverage, but not both.  A person who       10,615       

elects continuation of coverage under any EITHER of such sections  10,616       

may, upon the termination of the continuation of coverage, elect   10,618       

any coverage available under this section.                         10,619       

      (B)  Any insurer may join with one or more other insurers,   10,621       

in an association, to offer, sell, and issue to a policyholder or  10,622       

subscriber selected by the association a policy or contract of     10,623       

group health coverage, covering residents of this state who are    10,624       

qualified unemployed persons and the spouses or dependents of      10,625       

such residents.  The coverage shall be offered, issued, and        10,626       

                                                          238    

                                                                 
administered in the name of the association.  Membership in the    10,627       

association shall be open to any insurer and each insurer which    10,628       

participates shall be liable for a specified percentage of the     10,629       

risks.  The policy or contract may be executed on behalf of the    10,630       

association by a duly authorized person.                           10,631       

      (C)  The persons eligible for coverage under the policy or   10,633       

contract shall be all residents of this state who are qualified    10,634       

unemployed persons and their spouses and dependents, subject to    10,635       

reasonable underwriting restrictions to be set forth in the plan   10,636       

of the association.  The policy or contract may provide basic      10,637       

hospital and surgical coverage, basic medical coverage, major      10,638       

medical coverage, and any combination of these; provided that it   10,639       

shall not be required as a condition for obtaining major medical   10,640       

coverage that any basic coverage be taken.                         10,641       

      (D)  The association shall file with the superintendent of   10,643       

insurance any policy, contract, certificate, or other evidence of  10,644       

coverage, application, or other forms pertaining to such           10,645       

insurance together with the premium rates to be charged therefor.  10,646       

The superintendent may approve, disapprove, and withdraw approval  10,647       

of the forms in accordance with section 3923.02 of the Revised     10,648       

Code, or the premium rates if by reasonable assumptions such       10,649       

rates are excessive in relation to the benefits provided.  In      10,650       

determining whether such rates by reasonable assumptions are       10,651       

excessive in relation to the benefits provided, the                10,652       

superintendent shall give due consideration to past and            10,653       

prospective claim experience, within and outside this state, and   10,654       

to fluctuations in such claim experience, to a reasonable risk     10,655       

charge, to contribution to surplus and contingency funds, to past  10,656       

and prospective expenses, both within and outside this state, and  10,657       

to all other relevant factors within and outside this state,       10,658       

including any differing operating methods of the insurers joining  10,659       

in the issuance of the policy or contract.  In reviewing the       10,660       

forms the superintendent shall not be bound by the requirements    10,661       

of sections 3923.04 to 3923.07 of the Revised Code with respect    10,662       

                                                          239    

                                                                 
to standard provisions to be included in sickness and accident     10,663       

policies or forms.                                                 10,664       

      (E)  The association may enroll eligible persons for         10,666       

coverage under the policy or contract through any person licensed  10,667       

by, or authorized under the law of, this state to sell the         10,668       

policies or contracts, or to enroll persons in the health plans,   10,669       

of any of the insurers participating in the association.           10,670       

      (F)  The association shall file annually with the            10,672       

superintendent on such date and in such form as he THE             10,673       

SUPERINTENDENT may prescribe, a financial summary of its           10,675       

operations.                                                                     

      (G)  The association may sue and be sued in its associate    10,677       

name and for such purposes only shall be treated as a domestic     10,678       

corporation.  Service of process against such association made     10,679       

upon a managing agent, any member thereof, or any agent            10,680       

authorized by appointment to receive service of process, shall     10,681       

have the same force and effect as if such service had been made    10,682       

upon all members of the association.                               10,683       

      (H)  Under any policy issued as provided in this section,    10,685       

the policyholder, or such person as the policyholder shall         10,686       

designate, shall alone be a member of each domestic mutual         10,687       

insurance company joining in the issue of the policy and shall be  10,688       

entitled to one vote by virtue of such policy at the meetings of   10,689       

each such mutual insurance company.  Notice of the annual          10,690       

meetings of each such mutual insurance company may be given by     10,691       

written notice to the policyholder or as otherwise prescribed in   10,692       

said policy.                                                       10,693       

      Sec. 3923.30.  Every person, the state and any of its        10,702       

instrumentalities, any county, township, school district, or       10,703       

other political subdivisions and any of its instrumentalities,     10,704       

and any municipal corporation and any of its instrumentalities,    10,705       

which provides payment for health care benefits for any of its     10,706       

employees resident in this state, which benefits are not provided  10,707       

by contract with an insurer qualified to provide sickness and      10,708       

                                                          240    

                                                                 
accident insurance, or a health maintenance organization INSURING  10,709       

CORPORATION, shall include the following benefits in its plan of   10,711       

health care benefits commencing on or after January 1, 1979:       10,712       

      (A)  If such plan of health care benefits provides payment   10,714       

for the treatment of mental or nervous disorders, then such plan   10,715       

shall provide benefits for services on an outpatient basis for     10,716       

each eligible employee and dependent for mental or emotional       10,717       

disorders, or for evaluations, that are at least equal to the      10,718       

following:                                                         10,719       

      (1)  Payments not less than five hundred fifty dollars in a  10,721       

twelve-month period, for services legally performed by or under    10,722       

the clinical supervision of a licensed physician or a licensed     10,723       

psychologist, whether performed in an office, in a hospital, or    10,724       

in a community mental health facility so long as the hospital or   10,725       

community mental health facility is approved by the joint          10,726       

commission on accreditation of hospitals or certified by the       10,727       

department of mental health as being in compliance with standards  10,728       

established under division (I) of section 5119.01 of the Revised   10,729       

Code;                                                              10,730       

      (2)  Such benefit shall be subject to reasonable             10,732       

limitations, and may be subject to reasonable deductibles and      10,733       

co-insurance costs.                                                10,734       

      (3)  In order to qualify for participation under this        10,736       

division, every facility specified in this division shall have in  10,737       

effect a plan for utilization review and a plan for peer review    10,738       

and every person specified in this division shall have in effect   10,739       

a plan for peer review.  Such plans shall have the purpose of      10,740       

ensuring high quality patient care and effective and efficient     10,741       

utilization of available health facilities and services.           10,742       

      (4)  Such payment for benefits shall not be greater than     10,744       

usual, customary, and reasonable.                                  10,745       

      (5)  For purposes of this division, "community mental        10,747       

health facility" means a facility as defined in section 3923.28    10,748       

of the Revised Code.                                               10,749       

                                                          241    

                                                                 
      (6)(a)  Services performed under the clinical supervision    10,751       

of a licensed physician or licensed psychologist, in order to be   10,752       

reimbursable under the coverage required in division (A) of this   10,753       

section, shall meet both of the following requirements:            10,754       

      (i)  The services shall be performed in accordance with a    10,756       

treatment plan that describes the expected duration, frequency,    10,757       

and type of services to be performed;                              10,758       

      (ii)  The plan shall be reviewed and approved by a licensed  10,760       

physician or licensed psychologist every three months.             10,761       

      (b)  Payment of benefits for services reimbursable under     10,763       

division (A)(6)(a) of the section shall not be restricted to       10,764       

services described in the treatment plan or conditioned upon       10,765       

standards of a licensed physician or licensed psychologist, which  10,766       

at least equal the requirements of division (A)(6)(a) of this      10,767       

section.                                                           10,768       

      (B)  Payment for benefits for alcoholism treatment for       10,770       

outpatient, inpatient, and intermediate primary care for each      10,771       

eligible employee and dependent that are at least equal to the     10,772       

following:                                                         10,773       

      (1)  Payments not less than five hundred fifty dollars in a  10,775       

twelve-month period for services legally performed by or under     10,776       

the clinical supervision of a licensed physician or licensed       10,777       

psychologist, whether performed in an office, or in a hospital or  10,778       

a community mental health facility or alcoholism treatment         10,779       

facility so long as the hospital, community mental health          10,780       

facility, or alcoholism treatment facility is approved by the      10,781       

joint commission on accreditation of hospitals or certified by     10,782       

the department of health;                                          10,783       

      (2)  The benefits provided under this division shall be      10,785       

subject to reasonable limitations and may be subject to            10,786       

reasonable deductibles and co-insurance costs.                     10,787       

      (3)  A licensed physician or licensed psychologist shall     10,789       

every three months certify a patient's need for continued          10,790       

services performed by such facilities.                             10,791       

                                                          242    

                                                                 
      (4)  In order to qualify for participation under this        10,793       

division, every facility specified in this division shall have in  10,794       

effect a plan for utilization review and a plan for peer review    10,795       

and every person specified in this division shall have in effect   10,796       

a plan for peer review.  Such plans shall have the purpose of      10,797       

ensuring high quality patient care and efficient utilization of    10,798       

available health facilities and services.  Such person or          10,799       

facilities shall also have in effect a program of rehabilitation   10,800       

or a program of rehabilitation and detoxification.                 10,801       

      (5)  Nothing in this section shall be construed to require   10,803       

reimbursement for benefits which is greater than usual,            10,804       

customary, and reasonable.                                         10,805       

      Sec. 3923.301.  Every person, the state and any of its       10,814       

instrumentalities, any county, township, school district, or       10,815       

other political subdivision and any of its instrumentalities, and  10,816       

any municipal corporation and any of its instrumentalities that    10,818       

provides payment for health care benefits for any of its                        

employees resident in this state, which benefits are not provided  10,819       

by contract with an insurer qualified to provide sickness and      10,820       

accident insurance or a health maintenance organization INSURING   10,821       

CORPORATION, and THAT includes reimbursement for any service that  10,823       

may be legally performed by a certified nurse-midwife who is       10,824       

authorized under section 4723.42 of the Revised Code to practice   10,826       

nurse-midwifery, shall not deny reimbursement to a certified       10,827       

nurse-midwife performing the service if the service is performed   10,829       

in collaboration with a licensed physician.  The collaborating     10,832       

physician shall be identified on the claim form.                                

      The cost of collaboration with a certified nurse-midwife by  10,835       

a licensed physician as required under section 4723.43 of the      10,836       

Revised Code is a reimbursable expense.                            10,837       

      The division of any reimbursement payment for services       10,839       

performed by a certified nurse-midwife between the nurse-midwife   10,840       

and the nurse-midwife's collaborating physician shall be           10,841       

determined and mutually agreed upon by the certified               10,843       

                                                          243    

                                                                 
nurse-midwife and the physician.  The division of fees shall not   10,844       

be considered a violation of division (B)(17) of section 4731.22   10,845       

of the Revised Code.  In no case shall the total fees charged      10,846       

exceed the fee the physician would have charged had the physician  10,847       

provided the entire service.                                                    

      Sec. 3923.33.  As used in section 3923.33 and sections       10,857       

3923.331 to 3923.339 of the Revised Code:                          10,858       

      (A)  "Applicant" means:                                      10,860       

      (1)  In the case of an individual medicare supplement        10,862       

policy, the person who seeks to contract for insurance benefits;   10,863       

and                                                                10,864       

      (2)  In the case of a group medicare supplement policy, the  10,866       

proposed certificate holder.                                       10,867       

      (B)  "Certificate" means, for purposes of section 3923.33    10,869       

and sections 3923.331 to 3923.339 of the Revised Code, any         10,870       

certificate delivered or issued for delivery in this state under   10,871       

a group medicare supplement policy.                                10,872       

      (C)  "Certificate form" means the form on which the          10,874       

certificate is delivered or issued for delivery by the issuer.     10,875       

      (D)  "Direct response insurance policy" means a medicare     10,877       

supplement policy or certificate marketed without the direct       10,878       

involvement of an insurance agent.                                 10,879       

      (E)  "Issuer" includes insurance companies, fraternal        10,881       

benefit societies, health maintenance organizations INSURING       10,882       

CORPORATIONS, and any other entities delivering or issuing for     10,884       

delivery in this state medicare supplement policies or             10,885       

certificates.                                                                   

      (F)  "Medicare" means the "Health Insurance for the Aged     10,887       

Act," Title XVIII of the Social Security Amendments of 1965, 79    10,888       

Stat. 291, 42 U.S.C.A. 1395, as then constituted or later          10,889       

amended.                                                           10,890       

      (G)  "Medicare supplement policy" means a group or           10,892       

individual policy of sickness and accident insurance or a          10,893       

subscriber contract of health maintenance organizations INSURING   10,894       

                                                          244    

                                                                 
CORPORATIONS or any other issuers, other than a policy issued      10,896       

pursuant to a contract under section 1876 of the "Social Security  10,897       

Act," 49 Stat. 620 (1935), 42 U.S.C.A., 1395mm, as amended, or an  10,898       

issued policy under any demonstration project specified in 42      10,899       

U.S.C.A. 1395ss(g)(1), which is advertised, marketed, or designed  10,901       

primarily as a supplement to reimbursements under medicare for     10,902       

the hospital, medical, or surgical expenses of persons eligible    10,903       

for medicare.                                                                   

      (H)  "Policy form" means the form on which the policy is     10,905       

delivered or issued for delivery by the issuer.                    10,906       

      Sec. 3923.333.  Medicare supplement policies shall return    10,915       

to policyholders benefits that are reasonable in relation to the   10,916       

premium charged.  The superintendent of insurance shall issue      10,917       

reasonable rules to establish minimum standards for loss ratios    10,918       

of medicare supplement policies on the basis of incurred claims    10,919       

experience, or incurred health care expenses where coverage is                  

provided by a health maintenance organization INSURING             10,920       

CORPORATION on a service rather than reimbursement basis, and      10,922       

earned premiums in accordance with accepted actuarial principles   10,923       

and practices.                                                                  

      Sec. 3923.38.  (A)  As used in this section:                 10,932       

      (1)  "Group policy" includes any group sickness and          10,934       

accident policy or contract delivered, issued for delivery, or     10,935       

renewed in this state on or after June 28, 1984, and any private   10,936       

or public employer self-insurance plan or other plan that          10,937       

provides, or provides payment for, health care benefits for        10,938       

employees resident in this state other than through an insurer,    10,939       

OR health care INSURING corporation, or health maintenance         10,941       

organization, to which both of the following apply:                10,943       

      (a)  The policy insures employees for hospital, surgical,    10,945       

or major medical insurance on an expense incurred or service       10,946       

basis, other than for specified diseases or for accidental         10,947       

injuries only.                                                     10,948       

      (b)  The policy is in effect and covers an eligible          10,950       

                                                          245    

                                                                 
employee at the time the employee's employment is terminated.      10,951       

      (2)  "Eligible employee" includes only an employee to whom   10,953       

all of the following apply:                                        10,954       

      (a)  The employee has been continuously insured under a      10,956       

group policy or under the policy and any prior similar group       10,957       

coverage replaced by the policy, during the entire three-month     10,958       

period preceding the termination of the employee's employment.     10,959       

      (b)  The employee is entitled, at the time of the            10,961       

termination of his THE EMPLOYEE'S employment, to unemployment      10,962       

compensation benefits under Chapter 4141. of the Revised Code.     10,964       

      (c)  The employee is not, and does not become, covered by    10,966       

or eligible for coverage by medicare under Title XVIII of the      10,967       

Social Security Act, as amended.                                   10,968       

      (d)  The employee is not, and does not become, covered by    10,970       

or eligible for coverage by any other insured or uninsured         10,971       

arrangement that provides hospital, surgical, or medical coverage  10,972       

for individuals in a group and under which the person was not      10,973       

covered immediately prior to such termination.  A person eligible  10,974       

for continuation of coverage under this section, who is also       10,975       

eligible for coverage under section 3923.123 of the Revised Code,  10,976       

may elect either coverage, but not both.  A person who elects      10,977       

continuation of coverage may elect any coverage available under    10,978       

section 3923.123 of the Revised Code upon the termination of the   10,979       

continuation of coverage.                                          10,980       

      (3)  "Group rate" means, in the case of an employer          10,982       

self-insurance or other health benefits plan, the average monthly  10,983       

cost per employee, over a period of at least twelve months, of     10,984       

the operation of the plan that would represent a group insurance   10,985       

rate if the same coverage had been provided under a group          10,986       

sickness and accident insurance policy.                            10,987       

      (B)  A group policy shall provide that any eligible          10,989       

employee may continue the employee's hospital, surgical, and       10,990       

medical insurance under the policy, for the employee and the       10,991       

employee's eligible dependents, for a period of six months after   10,992       

                                                          246    

                                                                 
the date that the insurance coverage would otherwise terminate by  10,993       

reason of the termination of his THE EMPLOYEE'S employment.  Each  10,995       

certificate of coverage, or other notice of coverage, issued to    10,996       

employees under the policy shall include a notice of the           10,997       

employee's privilege of continuation.                              10,998       

      (C)  All of the following apply to the continuation of       11,000       

coverage required under division (B) of this section:              11,001       

      (1)  Continuation need not include dental, vision care,      11,003       

prescription drug benefits, or any other benefits provided under   11,004       

the policy in addition to its hospital, surgical, or major         11,005       

medical benefits.                                                  11,006       

      (2)  The employer shall notify the employee of the right of  11,008       

continuation at the time the employer notifies the employee of     11,009       

the termination of employment.  The notice shall inform the        11,010       

employee of the amount of contribution required by the employer    11,011       

under division (C)(4) of this section.                             11,012       

      (3)  The employee shall file a written election of           11,014       

continuation with the employer and pay the employer the first      11,015       

contribution required under division (C)(4) of this section.  The  11,016       

request and payment must be received by the employer no later      11,017       

than the earlier of any of the following dates:                    11,018       

      (a)  Thirty-one days after the date on which the employee's  11,020       

coverage would otherwise terminate;                                11,021       

      (b)  Ten days after the date on which the employee's         11,023       

coverage would otherwise terminate, if the employer has notified   11,024       

the employee of the right of continuation prior to such date;      11,025       

      (c)  Ten days after the employer notifies the employee of    11,027       

the right of continuation, if the notice is given after the date   11,028       

on which the employee's coverage would otherwise terminate.        11,029       

      (4)  The employee must pay to the employer, on a monthly     11,031       

basis, in advance, the amount of contribution required by the      11,032       

employer.  The amount required shall not exceed the group rate     11,033       

for the insurance being continued under the policy on the due      11,034       

date of each payment.                                              11,035       

                                                          247    

                                                                 
      (5)  The employee's privilege to continue coverage and the   11,037       

coverage under any continuation ceases if any of the following     11,038       

occurs:                                                            11,039       

      (a)  The employee ceases to be an eligible employee under    11,041       

division (A)(2)(c) or (d) of this section;                         11,042       

      (b)  A period of six months expires after the date that the  11,044       

employee's insurance under the policy would otherwise have         11,045       

terminated because of the termination of employment;               11,046       

      (c)  The employee fails to make a timely payment of a        11,048       

required contribution, in which event the coverage shall cease at  11,049       

the end of the coverage for which contributions were made;         11,050       

      (d)  The policy is terminated, or the employer terminates    11,052       

participation under the policy, unless the employer replaces the   11,053       

coverage by similar coverage under another group policy or other   11,054       

group health arrangement.                                          11,055       

      If the employer replaces the policy with similar group       11,057       

health coverage, all of the following apply:                       11,058       

      (i)  The member shall be covered under the replacement       11,060       

coverage, for the balance of the period that he THE MEMBER would   11,061       

have remained covered under the terminated coverage if it had not  11,063       

been terminated.                                                   11,064       

      (ii)  The minimum level of benefits under the replacement    11,066       

coverage shall be the applicable level of benefits of the policy   11,067       

replaced reduced by any benefits payable under the policy          11,068       

replaced.                                                          11,069       

      (iii)  The policy replaced shall continue to provide         11,071       

benefits to the extent of its accrued liabilities and extensions   11,072       

of benefits as if the replacement had not occurred.                11,073       

      (D)  This section does not apply to an employer's            11,075       

self-insurance plan if federal law supersedes, preempts,           11,076       

prohibits, or otherwise precludes its application to such plans.   11,077       

      Sec. 3923.382.  (A)  As used in this section:                11,086       

      (1)  "Eligible person" means any person who, at the time a   11,088       

reservist is called or ordered to active duty, is covered under a  11,089       

                                                          248    

                                                                 
group plan and is either of the following:                         11,090       

      (a)  An employee who is a reservist called or ordered to     11,092       

active duty;                                                       11,093       

      (b)  The spouse or a dependent child of an employee          11,095       

described in division (A)(1)(a) of this section.                   11,096       

      (2)  "Group plan" includes any private or public employer    11,098       

self-insurance plan that satisfies all of the following:           11,099       

      (a)  The plan is established or modified in this state on    11,101       

or after the effective date of this section APRIL 17, 1991.        11,103       

      (b)  The plan provides, or provides payment for, health      11,105       

benefits for employees resident in this state other than through   11,106       

an insurer, OR health maintenance organization, health care        11,108       

INSURING corporation, or medical care corporation.                 11,109       

      (c)  The plan is in effect and covers an eligible person at  11,111       

the time a reservist is called or ordered to active duty.          11,112       

      (3)  "Group rate" means the average monthly cost per         11,114       

employee, over a period of at least twelve months of the           11,115       

operation of a group plan, that would represent a group insurance  11,116       

rate if the same coverage had been provided under a group          11,117       

sickness and accident insurance policy.                            11,118       

      (4)  "Reservist" means a member of a reserve component of    11,120       

the armed forces of the United States.  "Reservist" includes a     11,121       

member of the Ohio national guard and the Ohio air national        11,122       

guard.                                                             11,123       

      (B)  Every group plan shall provide that any eligible        11,125       

person may continue the coverage under the plan for a period of    11,126       

eighteen months after the date on which the coverage would         11,127       

otherwise terminate because the reservist is called or ordered to  11,128       

active duty.                                                       11,129       

      (C)(1)  An eligible person may extend the eighteen-month     11,131       

period of continuation of coverage to a thirty-six-month period    11,132       

of continuation of coverage, if any of the following occurs        11,133       

during the eighteen-month period:                                  11,134       

      (a)  The death of the reservist;                             11,136       

                                                          249    

                                                                 
      (b)  The divorce or separation of a reservist from the       11,138       

reservist's spouse;                                                11,139       

      (c)  The cessation of dependency of a child pursuant to the  11,141       

terms of the plan.                                                 11,142       

      (2)  The thirty-six-month period of continuation of          11,144       

coverage is deemed to begin on the date on which the coverage      11,145       

would otherwise terminate because the reservist is called or       11,146       

ordered to active duty.                                            11,147       

      (3)  The employer may begin the thirty-six-month period on   11,149       

the date of any occurrence described in division (C)(1) of this    11,150       

section.                                                           11,151       

      (D)  All of the following apply to any continuation of       11,153       

coverage, or the extension of any continuation of coverage,        11,154       

provided under division (B) or (C) of this section:                11,155       

      (1)  The continuation of coverage shall provide the same     11,157       

benefits as those provided to any similarly situated eligible      11,158       

person who is covered under the same group plan and an employee    11,159       

who has not been called or ordered to active duty.                 11,160       

      (2)  An employer shall notify each employee of the right of  11,162       

continuation of coverage at the time of employment.  At the time   11,163       

the reservist is called or ordered to active duty, the employer    11,164       

shall notify each eligible person of the requirements for the      11,165       

continuation of coverage.                                          11,166       

      (3)  Each certificate or other evidence of coverage issued   11,168       

by an employer to an employee under the group plan shall include   11,169       

a notice of the eligible person's right of continuation of         11,170       

coverage.                                                          11,171       

      (4)  An eligible person shall file a written election of     11,173       

continuation of coverage with the employer and pay the employer    11,174       

the first contribution required under division (D)(5) of this      11,175       

section.  The written election and payment must be received by     11,176       

the employer no later than thirty-one days after the date on       11,177       

which the eligible person's coverage would otherwise terminate.    11,178       

If the employer notifies the eligible person of the right of       11,179       

                                                          250    

                                                                 
continuation of coverage after the date on which the eligible      11,180       

person's coverage would otherwise terminate, the written election  11,181       

and payment must be received by the employer no later than         11,182       

thirty-one days after the date of the notification.                11,183       

      (5)(a)  Except as provided in division (D)(5)(b) of this     11,185       

section, the eligible person shall pay to the employer, on a       11,186       

monthly basis and in advance, the amount of contribution required  11,187       

by the employer.  The amount shall not exceed one hundred two per  11,188       

cent of the group rate for the coverage being continued under the  11,189       

group plan on the due date of each payment.                        11,190       

      (b)  The employer may pay a portion or all of the eligible   11,192       

person's contribution.                                             11,193       

      (E)  The eligible person's right to any continuation of      11,195       

coverage, or the extension of any continuation of coverage,        11,196       

provided under division (B) or (C) of this section ceases on the   11,197       

date on which any of the following occurs:                         11,198       

      (1)  The eligible person, whether as an employee or          11,200       

otherwise, enrolls in another group plan or other group health     11,201       

plan or arrangement that does not contain any exclusion or         11,202       

limitation with respect to any preexisting condition of that       11,203       

eligible person.  For purposes of division (E)(1) of this          11,204       

section, a group plan or other group health plan or arrangement    11,205       

does not include the civilian health and medical program of the    11,206       

uniformed services as defined in Public Law 99-661, 100 Stat.      11,207       

3898 (1986), 10 U.S.C.A. 1072.                                     11,208       

      (2)  The period of either eighteen months provided under     11,210       

division (B) of this section or thirty-six months provided under   11,211       

division (C) of this section expires.                              11,212       

      (3)  The eligible person fails to make a timely payment of   11,214       

a required contribution, in which case the coverage ceases at the  11,215       

end of the period of coverage for which contributions were made.   11,216       

      (4)  The group plan, or participation under the group plan,  11,218       

is terminated, unless the employer, in accordance with division    11,219       

(F) of this section, replaces the coverage with similar coverage   11,220       

                                                          251    

                                                                 
under another group plan or other group health plan or             11,221       

arrangement.                                                       11,222       

      (F)  If the employer replaces the group plan with similar    11,224       

coverage as described in division (E)(4) of this section, both of  11,225       

the following apply:                                               11,226       

      (1)  The eligible person is covered under the replacement    11,228       

coverage for the balance of the period that he THE PERSON would    11,229       

have remained covered under the terminated coverage if it had not  11,231       

been terminated.                                                   11,232       

      (2)  The level of benefits under the replacement coverage    11,234       

is the same as the level of benefits provided to any similarly     11,235       

situated eligible person who is covered under the group plan and   11,236       

an employee who has not been called or ordered to active duty.     11,237       

      (G)  Upon the reservist's release from active duty and his   11,239       

THE RESERVIST'S return to employment for the employer by whom he   11,241       

THE RESERVIST was employed at the time he THE RESERVIST was        11,243       

called or ordered to active duty, both of the following apply:     11,245       

      (1)  Every eligible person is entitled, without any waiting  11,247       

period, to coverage under the employer's group plan that is in     11,248       

effect at the time of the reservist's return to employment.        11,249       

      (2)  Every eligible person is entitled to all benefits       11,251       

under the group plan described in division (G)(1) of this section  11,252       

from the date of the original coverage under the plan.             11,253       

      (H)(1)  No employer shall fail to provide for a              11,255       

continuation of coverage, or an extension of a continuation of     11,256       

coverage, in a group plan as required by and in accordance with    11,257       

the terms and conditions set forth under this section.             11,258       

      (2)  No employer shall fail to issue a certificate or other  11,260       

evidence of coverage in compliance with division (D)(3) of this    11,261       

section.                                                           11,262       

      (3)  No employer shall fail to provide an employee or        11,264       

eligible person with notice of the right to a continuation of      11,265       

coverage under a group plan in accordance with division (D)(2) of  11,266       

this section.                                                      11,267       

                                                          252    

                                                                 
      (I)  Whoever violates division (H)(1), (2), or (3) of this   11,269       

section is deemed to have engaged in an unfair and deceptive act   11,270       

or practice in the business of insurance under sections 3901.19    11,271       

to 3901.26 of the Revised Code.                                    11,272       

      (J)  This section does not apply to a group plan under       11,274       

either of the following circumstances:                             11,275       

      (1)  The group plan is subject to section 5923.051 of the    11,277       

Revised Code.                                                      11,278       

      (2)  The application of this section is superseded,          11,280       

preempted, prohibited, or otherwise precluded by federal law.      11,281       

      Sec. 3923.41.  As used in sections 3923.41 to 3923.48 of     11,290       

the Revised Code:                                                  11,291       

      (A)  "Long-term care insurance" means any insurance policy   11,293       

or rider advertised, marketed, offered, or designed to provide     11,294       

coverage for not less than one year for each covered person on an  11,295       

expense incurred, indemnity, prepaid, or other basis, for one or   11,296       

more necessary or medically necessary diagnostic, preventive,      11,297       

therapeutic, rehabilitative, maintenance, or personal care         11,298       

services, provided in a setting other than an acute care unit of   11,299       

a hospital.  "Long-term care insurance" includes group and         11,300       

individual annuities and life insurance policies or riders that    11,301       

provide directly or supplement long-term care benefits, and        11,302       

policies or riders that provide for payment of benefits based on   11,303       

cognitive impairment or the loss of functional capacity.           11,304       

"Long-term care insurance" includes group and individual policies  11,305       

or riders whether issued by insurers, fraternal benefit            11,306       

societies, OR health and medical care INSURING corporations,       11,308       

prepaid health plans, or health maintenance organizations.         11,309       

"Long-term care insurance" does not include any insurance policy   11,310       

that is offered primarily to provide basic medicare supplement     11,311       

coverage, basic hospital expense coverage, basic medical-surgical  11,312       

expense coverage, hospital confinement indemnity coverage, major   11,313       

medical expense coverage, disability income protection coverage,   11,314       

accident only coverage, specified disease or specified accident    11,315       

                                                          253    

                                                                 
coverage, or limited benefit health coverage.                      11,316       

      With regard to life insurance, "long-term care insurance"    11,318       

does not include life insurance policies that accelerate the       11,319       

death benefits specifically for one or more of the qualifying      11,320       

events of terminal illness, medical conditions requiring           11,321       

extraordinary medical intervention, or permanent institutional     11,322       

confinement; that provide the option of a lump sum payment for     11,323       

those benefits; and in which neither the benefits nor the          11,324       

eligibility for the benefits is conditioned upon the receipt of    11,325       

long-term care.                                                    11,326       

      Notwithstanding any other provision contained in sections    11,328       

3923.41 to 3923.48 of the Revised Code, any product advertised,    11,329       

marketed, or offered as long-term care insurance shall be subject  11,330       

to sections 3923.41 to 3923.48 of the Revised Code.                11,331       

      (B)  "Applicant" means either of the following:              11,333       

      (1)  In the case of an individual long-term care insurance   11,335       

policy, the person who seeks to contract for benefits;             11,336       

      (2)  In the case of a group long-term care insurance         11,338       

policy, the proposed certificate holder.                           11,339       

      (C)  "Certificate" means any certificate issued under a      11,341       

group long-term care insurance policy that has been delivered,     11,342       

issued for delivery, or used in or outside this state.             11,343       

      (D)  "Group long-term care insurance" means a form of        11,345       

long-term care insurance covering any group of two or more         11,346       

employees, members, or other persons, with or without one or more  11,347       

of their dependents and members of their immediate families. Such  11,349       

insurance may be offered to groups without regard to the purpose   11,350       

or type of group or the occupation of the employees, members, and  11,351       

other persons insured under the policy.                                         

      (E)  "Policy" means any policy, contract, rider, or          11,353       

endorsement delivered, issued for delivery, or used in or outside  11,354       

this state by an insurer, fraternal benefit society, OR health or  11,355       

medical care INSURING corporation, prepaid health plan, or health  11,357       

maintenance organization.                                          11,358       

                                                          254    

                                                                 
      Sec. 3923.51.  (A) As used in this section, "official        11,367       

poverty line" means the poverty line as defined by the United      11,368       

States office of management and budget and revised by the          11,369       

secretary of health and human services under 95 Stat. 511, 42      11,370       

U.S.C.A. 9902, as amended.                                         11,371       

      (B)  Every insurer that is authorized to write sickness and  11,373       

accident insurance in this state may offer group contracts of      11,374       

sickness and accident insurance to any charitable foundation that  11,375       

is certified as exempt from taxation under section 501(c)(3) of    11,376       

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   11,377       

1, as amended, and that has the sole purpose of issuing            11,378       

certificates of coverage under these contracts to persons under    11,379       

the age of nineteen who are members of families that have incomes  11,380       

that are no greater than three hundred per cent of the official    11,381       

poverty line.                                                      11,382       

      (C)  Contracts offered pursuant to division (B) of this      11,384       

section are not subject to any of the following:                   11,385       

      (1)  Sections 3923.122, 3923.24, and 3923.29 of the Revised  11,387       

Code;                                                              11,388       

      (2)  Any other sickness and accident insurance coverage      11,390       

required under this chapter on the effective date of this section  11,392       

AUGUST 3, 1989.  Any requirement of sickness and accident          11,393       

insurance coverage enacted after that date applies to this         11,394       

section only if the subsequent enactment specifically refers to    11,395       

this section.                                                                   

      (3)  Chapter 1742. 1751. of the Revised Code.                11,397       

      Sec. 3923.54.  (A)  As used in this section, "screening      11,406       

mammography" means a radiologic examination utilized to detect     11,407       

unsuspected breast cancer at an early stage in asymptomatic women  11,408       

and includes the x-ray examination of the breast using equipment   11,409       

that is dedicated specifically for mammography including, but not  11,410       

limited to, the x-ray tube, filter, compression device, screens,   11,411       

film, and cassettes, and that has an average radiation exposure    11,412       

delivery of less than one rad mid-breast.  "Screening              11,413       

                                                          255    

                                                                 
mammography" includes two views for each breast.  The term also    11,415       

includes the professional interpretation of the film.              11,416       

      "Screening mammography" does not include diagnostic          11,418       

mammography.                                                                    

      (B)  Each employer in this state that provides, in whole or  11,420       

in part, health care benefits for its employees under a policy of  11,421       

sickness and accident insurance issued in accordance with Chapter  11,422       

3923. of the Revised Code shall also provide to its employees      11,423       

benefits for the expenses of both of the following:                11,424       

      (1)  Screening mammography to detect the presence of breast  11,426       

cancer in adult women;                                             11,427       

      (2)  Cytologic screening for the presence of cervical        11,429       

cancer.                                                            11,430       

      (C)  An employer may comply with division (B) of this        11,432       

section in any of the following ways:                              11,433       

      (1)  By providing the benefits under a health maintenance    11,435       

organization INSURING CORPORATION contract issued in accordance    11,436       

with Chapter 1742. 1751. of the Revised Code or a policy of        11,438       

sickness and accident insurance issued in accordance with Chapter  11,439       

3923. of the Revised Code;                                                      

      (2)  By reimbursing the employee for the direct health care  11,441       

provider charges associated with receipt of the covered service;   11,442       

      (3)  By making any other arrangement that provides the       11,444       

benefits described in division (B) of this section.                11,445       

      (D)  The benefits provided under division (B)(1) of this     11,447       

section shall cover expenses in accordance with all of the         11,448       

following:                                                         11,449       

      (1)  If a woman is at least thirty-five years of age but     11,451       

under forty years of age, one screening mammography;               11,452       

      (2)  If a woman is at least forty years of age but under     11,454       

fifty years of age, either of the following:                       11,455       

      (a)  One screening mammography every two years;              11,457       

      (b)  If a licensed physician has determined that the woman   11,459       

has risk factors to breast cancer, one screening mammography       11,460       

                                                          256    

                                                                 
every year.                                                        11,461       

      (3)  If a woman is at least fifty years of age but under     11,463       

sixty-five years of age, one screening mammography every year.     11,464       

      (E)(1)  The benefits provided under division (B)(1) of this  11,466       

section need not exceed eighty-five dollars per year.              11,467       

      (2)  The benefit paid in accordance with division (E)(1) of  11,469       

this section shall constitute full payment.  No institutional or   11,470       

professional health care provider shall seek or receive            11,471       

compensation in excess of the payment made in accordance with      11,472       

division (E)(1) of this section, except for approved deductibles   11,473       

and copayments.                                                    11,474       

      (F)  The benefits provided under division (B)(1) of this     11,476       

section shall be provided only for screening mammographies that    11,477       

are performed in a facility or mobile mammography screening unit   11,478       

that is accredited under the American college of radiology         11,480       

mammography accreditation program or in a hospital as defined in   11,481       

section 3727.01 of the Revised Code.                                            

      (G)  The benefits provided under division (B)(2) of this     11,483       

section shall be provided only for cytologic screenings that are   11,484       

processed and interpreted in a laboratory certified by the         11,485       

college of American pathologists or in a hospital as defined in    11,486       

section 3727.01 of the Revised Code.                               11,487       

      Sec. 3923.58.  (A)  As used in sections 3923.58 and 3923.59  11,496       

of the Revised Code:                                               11,497       

      (1)  "Case characteristics," "eligible employee," "health    11,499       

benefit plan," "late enrollee," "MEWA," and "pre-existing          11,500       

conditions provision" have the same meanings as in section         11,501       

3924.01 of the Revised Code.                                       11,502       

      (2)  "Insurer" means any sickness and accident insurance     11,504       

company authorized to issue health benefit plans in this state,    11,505       

or MEWA authorized to issue insured health benefit plans in this   11,506       

state.  "Insurer" does not include any health maintenance          11,507       

organization INSURING CORPORATION that is owned or operated by an  11,508       

insurer.                                                           11,509       

                                                          257    

                                                                 
      (3)  "Small employer" means any person, firm, corporation,   11,511       

or partnership actively engaged in business whose total employed   11,512       

work force, on at least fifty per cent of its working days during  11,513       

the preceding year, consisted of at least two unrelated eligible   11,514       

employees but no more than twenty-five eligible employees, the     11,515       

majority of whom were employed within this state.  In determining  11,516       

the number of eligible employees, companies that are affiliated    11,517       

companies or that are eligible to file a combined tax return for   11,518       

purposes of state taxation shall be considered one employer.  In   11,519       

determining whether the members of an association are small        11,520       

employers, each member of the association shall be considered as   11,521       

a separate person, firm, corporation, or partnership.              11,522       

      (4)  "Small employer group" means any group consisting of    11,524       

all of the eligible employees of a small employer, except those    11,525       

employees who are covered, or are eligible for coverage, under     11,526       

any other private or public health benefits arrangement,           11,527       

including the medicare program established under Title XVIII of    11,528       

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   11,529       

as amended, or any other act of congress or law of this or any     11,530       

other state of the United States that provides benefits            11,531       

comparable to the benefits provided under this section.            11,532       

      (B)  Beginning in January of each year, insurers shall       11,534       

accept applicants for open enrollment coverage, as set forth in    11,535       

divisions (B)(1) and (2) of this section, in the order in which    11,536       

they apply for coverage and subject to the limitation set forth    11,537       

in division (G) of this section:                                   11,538       

      (1)  Insurers in the business of issuing health benefit      11,540       

plans to small employer groups shall accept small employer groups  11,541       

for which coverage is not otherwise available and for whom         11,542       

coverage had not been terminated by the employer or by an insurer  11,543       

or, health maintenance organization, OR HEALTH INSURING            11,545       

CORPORATION during the preceding twelve-month period;              11,548       

      (2)  Insurers in the business of issuing individual          11,550       

policies of sickness and accident insurance as contemplated by     11,551       

                                                          258    

                                                                 
section 3923.021 of the Revised Code, except individual policies   11,552       

issued pursuant to section 3923.122 of the Revised Code, shall     11,553       

either accept individuals pursuant to the open enrollment          11,554       

requirements of section 3941.53 of the Revised Code, if subject    11,555       

to that section, or accept for coverage pursuant to this section   11,557       

individuals to whom both of the following conditions apply:        11,558       

      (a)  The individual is not applying for coverage as an       11,560       

employee of an employer, as a member of an association, or as a    11,561       

member of any other group.                                         11,562       

      (b)  The individual is not covered, and is not eligible for  11,564       

coverage, under any other private or public health benefits        11,565       

arrangement, including the medicare program established under      11,566       

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  11,567       

U.S.C.A. 301, as amended, or any other act of congress or law of   11,568       

this or any other state of the United States that provides         11,569       

benefits comparable to the benefits provided under this section,   11,570       

any medicare supplement policy, or any conversion or continuation  11,571       

of coverage policy under state or federal law.                     11,572       

      (C)  An insurer shall offer to any individual or small       11,574       

employer group accepted under this section the small employer      11,575       

health care plan established by the board of directors of the      11,576       

Ohio small employer health reinsurance program under division (A)  11,577       

of section 3924.10 of the Revised Code or a health benefit plan                 

that is substantially similar to the small employer health care    11,578       

plan in benefit plan design and scope of covered services.         11,579       

      An insurer may offer other health benefit plans in addition  11,581       

to, but not in lieu of, the plan required to be offered under      11,582       

this division.  These additional health benefit plans shall        11,583       

provide, at a minimum, the coverage provided by the small          11,584       

employer health care plan or any health benefit plan that is       11,585       

substantially similar to the small employer health care plan in                 

benefit plan design and scope of covered services.                 11,586       

      For purposes of this division, the superintendent of         11,588       

insurance shall determine whether a health benefit plan is         11,589       

                                                          259    

                                                                 
substantially similar to the small employer health care plan in    11,590       

benefit plan design and scope of covered services.                 11,591       

      (D)  Health benefit plans issued under this section may      11,593       

establish pre-existing conditions provisions that exclude or       11,594       

limit coverage for a period of up to twelve months following the   11,595       

individual's effective date of coverage and that may relate only   11,596       

to conditions during the six months immediately preceding the      11,597       

effective date of coverage.  However, an insurer may exclude a     11,598       

late enrollee for a period of up to eighteen months following the  11,599       

individual's date of application for coverage.                     11,600       

      (E)  Premiums charged to groups or individuals under this    11,602       

section may not exceed an amount that is two and one-half times    11,603       

the highest rate charged any other group with similar case         11,604       

characteristics or any other individual to which the insurer is    11,605       

currently accepting new business, and for which similar            11,606       

copayments and deductibles are applied.                            11,607       

      (F)  In offering health benefit plans under this section,    11,609       

an insurer may require the purchase of health benefit plans that   11,610       

condition the reimbursement of health services upon the use of a   11,611       

specific network of providers.                                     11,612       

      (G)(1)  In no event shall an insurer be required to accept   11,614       

annually under this section either individuals or small employer   11,615       

groups that, in the aggregate, would cause the insurer to have a   11,616       

total number of new insureds that is more than one-half per cent   11,617       

of its total number of insured individuals in this state per       11,618       

year, as contemplated by section 3923.021 of the Revised Code,     11,619       

and small group certificate holders of health benefit plans in     11,620       

this state per year, calculated as of the immediately preceding    11,622       

thirty-first day of December and excluding the insurer's medicare  11,623       

supplement policies and conversion or continuation of coverage     11,625       

policies under state or federal law and any policies described in  11,626       

division (N) of this section.  If an insurer is subject to, and    11,628       

elects to operate under, the individual open enrollment            11,629       

requirements of section 3941.53 of the Revised Code, in no event   11,630       

                                                          260    

                                                                 
shall the insurer be required to accept annually under this        11,631       

section small employer groups that would cause the insurer to      11,632       

have a total number of new insureds that is more than one-half     11,633       

per cent of its total number of small group certificate holders    11,634       

calculated as set forth in division (G)(1) of this section.        11,635       

      (2)  An officer of the insurer shall certify to the          11,637       

department of insurance when it has met the enrollment limit set   11,638       

forth in division (G)(1) of this section.  Upon providing such     11,639       

certification, the insurer shall be relieved of its open           11,640       

enrollment requirement under this section for the remainder of     11,641       

the calendar year.                                                 11,642       

      (H)  An insurer shall not be required to accept under this   11,644       

section applicants who, at the time of enrollment, are confined    11,645       

to a health care facility because of chronic illness, permanent    11,646       

injury, or other infirmity that would cause economic impairment    11,647       

to the insurer if the applicants were accepted, or to make the     11,648       

effective date of benefits for individuals or groups accepted      11,649       

under this section earlier than ninety days after the date of      11,650       

acceptance.                                                        11,651       

      (I)  The requirements of this section do not apply to any    11,653       

insurer that is currently in a state of supervision, insolvency,   11,654       

or liquidation.  If an insurer demonstrates to the satisfaction    11,655       

of the superintendent that the requirements of this section would  11,657       

place the insurer in a state of supervision, insolvency, or        11,658       

liquidation, the superintendent may waive or modify the            11,659       

requirements of division (B) or (G) of this section.  The actions               

of the superintendent under this division shall be effective for   11,661       

a period of not more than one year.  At the expiration of such     11,662       

time, a new showing of need for a waiver or modification by the    11,663       

insurer shall be made before a new waiver or modification is       11,664       

issued or imposed.                                                              

      (J)  No hospital, health care facility, or health care       11,666       

practitioner, and no person who employs any health care            11,667       

practitioner, shall balance bill any individual or dependent of    11,668       

                                                          261    

                                                                 
an individual or any eligible employee or dependent of an          11,669       

employee for any health care supplies or services provided to the  11,670       

individual or dependent or the eligible employee or dependent,     11,671       

who is insured under a policy or enrolled under a health benefit   11,673       

plan issued under this section.  The hospital, health care         11,674       

facility, or health care practitioner, or any person that employs  11,675       

the health care practitioner, shall accept payments made to it by  11,676       

the insurer under the terms of the policy or contract insuring or  11,678       

covering such individual as payment in full for such health care   11,679       

supplies or services.                                              11,680       

      As used in this division, "hospital" has the same meaning    11,682       

as in section 3727.01 of the Revised Code; "health care            11,683       

practitioner" has the same meaning as in section 4769.01 of the    11,684       

Revised Code; and "balance bill" means charging or collecting an   11,685       

amount in excess of the amount reimbursable or payable under the   11,686       

policy or health care service contract issued to an individual or  11,687       

group under this section for such health care supply or service.   11,688       

"Balance bill" does not include charging for or collecting         11,689       

copayments or deductibles required by the policy or contract.      11,690       

      (K)  An insurer shall pay an agent a commission in the       11,692       

amount of five per cent of the premium charged for initial         11,693       

placement or for otherwise securing the issuance of a policy or    11,694       

contract issued to an individual or small employer group under     11,695       

this section, and four per cent of the premium charged for the                  

renewal of such a policy or contract.  The superintendent may      11,696       

adopt, in accordance with Chapter 119. of the Revised Code, such   11,697       

rules as are necessary to enforce this division.                   11,698       

      (L)  Except as otherwise provided in this section, sections  11,700       

3924.01 to 3924.06 of the Revised Code apply to all health         11,701       

benefit plans issued under this section.                           11,702       

      (M)  Individuals accepted for coverage under this section    11,704       

may be issued contracts and certificates subject to the            11,705       

requirements of section 3923.12 of the Revised Code.  The          11,706       

coverage issued to such individuals is not subject to the          11,707       

                                                          262    

                                                                 
requirements of section 3923.021 of the Revised Code.              11,708       

      (N)  This section does not apply to any policy that          11,710       

provides coverage for specific diseases or accidents only, or to   11,712       

any hospital indemnity, medicare supplement, long-term care,                    

disability income, one-time-limited-duration policy of no longer   11,714       

than six months, or other policy that offers only supplemental     11,715       

benefits.                                                                       

      Sec. 3924.01.  As used in sections 3924.01 to 3924.14 of     11,724       

the Revised Code:                                                  11,725       

      (A)  "Actuarial certification" means a written statement     11,727       

prepared by a member of the American academy of actuaries, or by   11,728       

any other person acceptable to the superintendent of insurance,    11,729       

that states that, based upon the person's examination, a carrier   11,730       

offering health benefit plans to small employers is in compliance  11,731       

with sections 3924.01 to 3924.14 of the Revised Code.  "Actuarial  11,732       

certification" shall include a review of the appropriate records   11,733       

of, and the actuarial assumptions and methods used by, the         11,734       

carrier relative to establishing premium rates for the health      11,735       

benefit plans.                                                     11,736       

      (B)  "Adjusted average market premium price" means the       11,738       

average market premium price as determined by the board of         11,740       

directors of the Ohio small employer health reinsurance program    11,741       

either on the basis of the arithmetic mean of all carriers'        11,742       

premium rates for an SEHC plan sold to groups with similar case    11,743       

characteristics by all carriers selling SEHC plans in the state,   11,745       

or on any other equitable basis determined by the board.                        

      (C)  "Base premium rate" means, as to any health benefit     11,747       

plan that is issued by a carrier and that covers at least two but  11,748       

no more than fifty employees of a small employer, the lowest       11,750       

premium rate for a new or existing business prescribed by the      11,751       

carrier for the same or similar coverage under a plan or           11,752       

arrangement covering any small employer with similar case          11,753       

characteristics.                                                                

      (D)  "Carrier" means any sickness and accident insurance     11,755       

                                                          263    

                                                                 
company or health maintenance organization INSURING CORPORATION    11,756       

authorized to issue health benefit plans in this state or a MEWA.  11,758       

A sickness and accident insurance company that owns or operates a  11,760       

health maintenance organization INSURING CORPORATION, either as a  11,761       

separate corporation or as a line of business, shall be            11,763       

considered as a separate carrier from that health maintenance      11,764       

organization INSURING CORPORATION for purposes of sections         11,766       

3924.01 to 3924.14 of the Revised Code.                                         

      (E)  "Case characteristics" means, with respect to a small   11,768       

employer, the geographic area in which the employees work; the     11,769       

age and sex of the individual employees and their dependents; the  11,770       

appropriate industry classification as determined by the carrier;  11,771       

the number of employees and dependents; and such other objective   11,772       

criteria as may be established by the carrier.  "Case              11,773       

characteristics" does not include claims experience, health        11,774       

status, or duration of coverage from the date of issue.            11,775       

      (F)  "Dependent" means the spouse or child of an eligible    11,777       

employee, subject to applicable terms of the health benefits plan  11,778       

covering the employee.                                             11,779       

      (G)  "Eligible employee" means an employee who works a       11,781       

normal work week of twenty-five or more hours.  "Eligible          11,782       

employee" does not include a temporary or substitute employee, or  11,784       

a seasonal employee who works only part of the calendar year on    11,785       

the basis of natural or suitable times or circumstances.           11,786       

      (H)  "Financially impaired" means a program member that,     11,788       

after April 14, 1993, is not insolvent but is determined by the    11,791       

superintendent to be potentially unable to fulfill its             11,792       

contractual obligations, or is placed under an order of            11,793       

rehabilitation or conservation by a court of competent             11,794       

jurisdiction or under an order of supervision by the               11,795       

superintendent.                                                                 

      (I)  "Health benefit plan" means any hospital or medical     11,797       

expense policy or certificate or any health plan provided by a     11,799       

carrier, that is delivered, issued for delivery, renewed, or used  11,801       

                                                          264    

                                                                 
in this state on or after the date occurring six months after the  11,802       

effective date of this amendment NOVEMBER 24, 1995.  "Health       11,803       

benefit plan" does not include policies covering only accident,    11,805       

credit, dental, disability income, long-term care, hospital        11,806       

indemnity, medicare supplement, specified disease, or vision       11,807       

care; coverage under a one-time-limited-duration policy of no      11,808       

longer than six months; coverage issued by a health care           11,809       

corporation; coverage issued by a prepaid dental plan              11,811       

organization solely or in conjunction with a carrier; coverage     11,812       

issued as a supplement to liability insurance; insurance arising   11,813       

out of a workers' compensation or similar law; automobile          11,814       

medical-payment insurance; or insurance under which benefits are   11,815       

payable with or without regard to fault and which is statutorily   11,816       

required to be contained in any liability insurance policy or      11,817       

equivalent self-insurance.                                                      

      (J)  "Initial enrollment period" means the thirty-day        11,819       

period immediately following any service waiting period            11,820       

established by an employer.                                        11,821       

      (K)  "Late enrollee" means an eligible employee or           11,823       

dependent who requests enrollment in a small employer's health     11,824       

benefit plan following the initial enrollment period provided      11,825       

under the terms of the first plan for which the employee or        11,826       

dependent was eligible through the small employer, unless any of   11,827       

the following apply:                                               11,828       

      (1)  The individual:                                         11,830       

      (a)  Was covered under another health benefit plan at the    11,833       

time the individual was eligible to enroll;                                     

      (b)  States, at the time of the initial eligibility, that    11,835       

coverage under another health benefit plan was the reason for      11,838       

declining enrollment;                                                           

      (c)  Has lost coverage under another health benefit plan as  11,841       

a result of the termination of employment, a reduction of hours    11,842       

worked per week, the termination of the other plan's coverage,     11,843       

death of a spouse, or divorce; and                                 11,844       

                                                          265    

                                                                 
      (d)  Requests enrollment within thirty days after the        11,846       

termination of coverage under another health benefit plan.         11,847       

      (2)  The individual is employed by an employer who offers    11,849       

multiple health benefit plans and the individual elects a          11,850       

different health benefit plan during an open enrollment period.    11,851       

      (3)  A court has ordered coverage to be provided for a       11,853       

spouse or minor child under a covered employee's plan and a        11,854       

request for enrollment is made within thirty days after issuance   11,855       

of the court order.                                                11,856       

      (L)  "MEWA" means any "multiple employer welfare             11,858       

arrangement" as defined in section 3 of the "Federal Employee      11,859       

Retirement Income Security Act of 1974," 88 Stat. 832, 29          11,860       

U.S.C.A. 1001, as amended, except for any arrangement which is     11,861       

fully insured as defined in division (b)(6)(D) of section 514 of   11,862       

that act.                                                          11,863       

      (M)  "Midpoint rate" means, for small employers with         11,865       

similar case characteristics and plan designs and as determined    11,866       

by the applicable carrier for a rating period, the arithmetic      11,867       

average of the applicable base premium rate and the corresponding  11,868       

highest premium rate.                                              11,869       

      (N)  "Pre-existing conditions provision" means a policy      11,871       

provision that excludes or limits coverage for charges or          11,872       

expenses incurred during a specified period following the          11,873       

insured's effective date of coverage as to a condition which,      11,874       

during a specified period immediately preceding the effective      11,875       

date of coverage, had manifested itself in such a manner as would  11,876       

cause an ordinarily prudent person to seek medical advice,         11,877       

diagnosis, care, or treatment or for which medical advice,         11,878       

diagnosis, care, or treatment was recommended or received, or a    11,879       

pregnancy existing on the effective date of coverage.              11,880       

      (O)  "Service waiting period" means the period of time       11,882       

after employment begins before an eligible employee may enroll in  11,883       

any applicable health benefit plan offered by the small employer.  11,884       

      (P)(1)  "Small employer" means any person, firm,             11,887       

                                                          266    

                                                                 
corporation, partnership, or association actively engaged in       11,888       

business whose total employed work force consisted of, on at       11,889       

least fifty per cent of its working days during the preceding      11,890       

year, at least two but no more than fifty eligible employees, the  11,891       

majority of whom were employed within the state.                   11,892       

      (2)  In determining the number of eligible employees for     11,894       

purposes of division (P)(1) of this section, companies which are   11,895       

affiliated companies or which are eligible to file a combined tax  11,896       

return for purposes of state taxation shall be considered one      11,897       

employer.  Except as otherwise specifically provided, provisions   11,898       

of sections 3924.01 to 3924.14 of the Revised Code that apply to   11,899       

a small employer that has a health benefit plan shall continue to  11,900       

apply until the plan anniversary following the date the employer   11,901       

no longer meets the requirements of this division.                 11,902       

      (Q)  "SEHC plan" means an Ohio small employer health care    11,905       

plan, which is a health benefit plan for small employers                        

established by the board in accordance with section 3924.10 of     11,906       

the Revised Code.                                                  11,907       

      Sec. 3924.02.  (A)  An individual or group health benefit    11,916       

plan is subject to sections 3924.01 to 3924.14 of the Revised      11,917       

Code if it provides health care benefits covering at least two     11,919       

but no more than fifty employees of a small employer, and if it    11,920       

meets either of the following conditions:                          11,921       

      (1)  Any portion of the premium or benefits is paid by a     11,923       

small employer, or any covered individual is reimbursed, whether   11,924       

through wage adjustments or otherwise, by a small employer for     11,925       

any portion of the premium.                                        11,926       

      (2)  The health benefit plan is treated by the employer or   11,928       

any of the covered individuals as part of a plan or program for    11,929       

purposes of section 106 or 162 of the "Internal Revenue Code of    11,930       

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.                  11,931       

      (B)  Notwithstanding division (A) of this section,           11,933       

divisions (G) to (J) of section 3924.03 of the Revised Code and    11,935       

section 3924.04 of the Revised Code do not apply to health         11,936       

                                                          267    

                                                                 
benefit policies that are not sold to owners of small businesses   11,937       

as an employment benefit plan.  Such policies shall clearly state  11,938       

that they are not being sold as an employment benefit plan and     11,939       

that the owner of the business is not responsible, either          11,940       

directly or indirectly, for paying the premium or benefits.        11,941       

      (C)  Every health benefit plan offered or delivered by a     11,943       

carrier, other than a health maintenance organization INSURING     11,944       

CORPORATION, to a small employer is subject to sections 3923.23,   11,946       

3923.231, 3923.232, 3923.233, and 3923.234 of the Revised Code     11,947       

and any other provision of the Revised Code that requires the      11,948       

reimbursement, utilization, or consideration of a specific         11,949       

category of a licensed or certified health care practitioner.      11,950       

      (D)  Except as expressly provided in sections 3924.01 to     11,952       

3924.14 of the Revised Code, no health benefit plan offered to a   11,953       

small employer is subject to any of the following:                 11,954       

      (1)  Any law that would inhibit any carrier from             11,956       

contracting with providers or groups of providers with respect to  11,957       

health care services or benefits;                                  11,958       

      (2)  Any law that would impose any restriction on the        11,960       

ability to negotiate with providers regarding the level or method  11,961       

of reimbursing care or services provided under the health benefit  11,962       

plan;                                                              11,963       

      (3)  Any law that would require any carrier to either        11,965       

include a specific provider or class of provider when contracting  11,966       

for health care services or benefits, or to exclude any class of   11,967       

provider that is generally authorized by statute to provide such   11,968       

care.                                                              11,969       

      Sec. 3924.08.  (A)  The board of directors of the Ohio       11,978       

small employer health reinsurance program shall consist of nine    11,979       

appointed members who shall serve staggered terms as determined    11,980       

by the initial board for its members and by the plan of operation  11,981       

of the program for members of subsequent boards.  Within thirty    11,982       

days after April 14, 1993, the members of the board shall be       11,983       

appointed, as follows:                                             11,984       

                                                          268    

                                                                 
      (1)  The chairperson of the senate committee having          11,986       

jurisdiction over insurance shall appoint the following members:   11,987       

      (a)  Two member carriers that are small employer carriers;   11,989       

      (b)  One member carrier that is a health maintenance         11,991       

organization INSURING CORPORATION predominantly in the small       11,992       

employer market;                                                   11,993       

      (c)  One representative of providers of health care.         11,995       

      (2)  The chairperson of the committee in the house of        11,997       

representatives having jurisdiction over insurance shall appoint   11,998       

the following members:                                             11,999       

      (a)  One member carrier that is a small employer carrier;    12,001       

      (b)  One member carrier whose principal health insurance     12,003       

business is in the large employer market;                          12,004       

      (c)  One representative of an employer with fifty or fewer   12,006       

employees;                                                         12,007       

      (d)  One representative of consumers in this state.          12,009       

      (3)  The superintendent shall appoint a representative of a  12,011       

member carrier operating in the small employer market who is a     12,012       

fellow of the society of actuaries.                                12,013       

      The superintendent, a member of the house of                 12,015       

representatives appointed by the speaker of the house of           12,016       

representatives, and a member of the senate appointed by the       12,017       

president of the senate, shall be ex-officio members of the        12,018       

board.  The membership of all boards subsequent to the initial     12,019       

board shall reflect the distribution described in division (A) of  12,021       

this section.                                                                   

      The chairperson of the initial board and each subsequent     12,023       

board shall represent a small employer member carrier and shall    12,024       

be elected by a majority of the voting members of the board.       12,025       

Each chairperson shall serve for the maximum duration established  12,026       

in the plan of operation.                                          12,027       

      (B)  Within one hundred eighty days after the appointment    12,029       

of the initial board, the board shall establish a plan of          12,030       

operation and, thereafter, any amendments to the plan that are     12,031       

                                                          269    

                                                                 
necessary or suitable, to assure the fair, reasonable, and         12,032       

equitable administration of the program.  The board shall,         12,033       

immediately upon adoption, provide to the superintendent copies    12,034       

of the plan of operation and all subsequent amendments to it.      12,035       

      (C)  The plan of operation shall establish rules,            12,037       

conditions, and procedures for all of the following:               12,038       

      (1)  The handling and accounting of assets and moneys of     12,040       

the program and for an annual fiscal reporting to the              12,041       

superintendent;                                                    12,042       

      (2)  Filling vacancies on the board;                         12,044       

      (3)  Selecting an administering insurer, which shall be a    12,046       

carrier as defined in section 3924.01 of the Revised Code, and     12,047       

setting forth the powers and duties of the administering insurer;  12,048       

      (4)  Reinsuring risks in accordance with sections 3924.07    12,050       

to 3924.14 of the Revised Code;                                    12,051       

      (5)  Collecting assessments subject to section 3924.13 of    12,053       

the Revised Code from all members to provide for claims reinsured  12,054       

by the program and for administrative expenses incurred or         12,055       

estimated to be incurred during the period for which the           12,056       

assessment is made;                                                12,057       

      (6)  Providing protection for carriers from the financial    12,059       

risk associated with small employers that present poor credit      12,060       

risks;                                                             12,061       

      (7)  Establishing standards for the coverage of small        12,063       

employers that have a high turnover of employees;                  12,064       

      (8)  Establishing an appeals process for carriers to seek    12,066       

relief when a carrier has experienced an unfair share of           12,067       

administrative and credit risks;                                   12,068       

      (9)  Establishing the adjusted average market premium        12,070       

prices for use by the SEHC plan for groups of two to twenty-five   12,071       

employees and for groups of twenty-six to fifty employees that     12,072       

are offered in the state;                                          12,073       

      (10)  Establishing participation standards at issue and      12,075       

renewal for reinsured cases;                                       12,076       

                                                          270    

                                                                 
      (11)  Reinsuring risks and collecting assessments in         12,078       

accordance with division (G) of section 3924.11 of the Revised     12,079       

Code;                                                              12,080       

      (12)  Any additional matters as determined by the board.     12,082       

      Sec. 3924.10.  (A)  The board of directors of the Ohio       12,091       

small employer health reinsurance program shall design the SEHC    12,092       

plan which, when offered by a carrier, is  eligible for            12,093       

reinsurance under the program.  The board shall establish the      12,094       

form and level of coverage to be made available by carriers in     12,095       

their SEHC plan.  In designing the plan the board shall also       12,097       

establish benefit levels, deductibles, coinsurance factors,                     

exclusions, and limitations for the plan.  The forms and levels    12,098       

of coverage established by the board shall specify which           12,099       

components of a health benefit plan offered by a small employer    12,100       

carrier may be reinsured.  The SEHC plan is subject to division    12,102       

(C) of section 3924.02 of the Revised Code and to the provisions   12,103       

in Chapters 1742. 1751., 3923., and any other chapter of the       12,105       

Revised Code that require coverage or the offer of coverage of a   12,106       

health care service or benefit.                                                 

      (B)  The board shall adopt the SEHC plan within one hundred  12,109       

eighty days after its appointment.  The plan may include cost      12,110       

containment features including any of the following:                            

      (1)  Utilization review of health care services, including   12,112       

review of the medical necessity of hospital and physician          12,113       

services;                                                          12,114       

      (2)  Case management benefit alternatives;                   12,116       

      (3)  Selective contracting with hospitals, physicians, and   12,118       

other health care providers;                                       12,119       

      (4)  Reasonable benefit differentials applicable to          12,121       

participating and nonparticipating providers;                      12,122       

      (5)  Employee assistance program options that provide        12,124       

preventive and early intervention mental health and substance      12,125       

abuse services;                                                    12,126       

      (6)  Other provisions for the cost-effective management of   12,128       

                                                          271    

                                                                 
the plan.                                                          12,129       

      (C)  An SEHC plan established for use by health maintenance  12,132       

organizations INSURING CORPORATIONS shall be consistent with the   12,133       

basic method of operation of such organizations CORPORATIONS.      12,134       

      (D)  Each carrier shall certify to the superintendent of     12,136       

insurance, in the form and manner prescribed by the                12,137       

superintendent, that the SEHC plan filed by the carrier is in      12,139       

substantial compliance with the provisions of the board SEHC       12,140       

plan.  Upon receipt by the superintendent of the certification,    12,141       

the carrier may use the certified plan.                                         

      (E)  Each carrier shall, on and after sixty days after the   12,143       

date that the program becomes operational and as a condition of    12,144       

transacting business in this state, renew coverage provided to     12,145       

any individual or group under its SEHC plan.                       12,146       

      (F)  A carrier shall not be required to renew coverage       12,148       

where the superintendent finds that renewal of coverage would      12,149       

place the carrier in a financially impaired condition.  The        12,150       

superintendent shall determine when the carrier is no longer       12,151       

financially impaired and is, therefore, subject to the guaranteed  12,152       

renewability requirements.                                         12,153       

      Sec. 3924.12.  (A)  Except as provided in division (B) of    12,162       

this section, premium rates charged for coverage reinsured by the  12,163       

Ohio small employer health reinsurance program shall be            12,164       

established as follows:                                            12,165       

      (1)  For whole group reinsurance coverage, one and one-half  12,167       

times the adjusted average market premium price established by     12,168       

the program for that classification or group with similar          12,169       

characteristics and coverage, with respect to the eligible         12,170       

employees of a small employer and their dependents, all of whose   12,171       

coverage is reinsured with the program, minus a ceding expense     12,172       

factor determined by the board of directors of the program;        12,173       

      (2)  For individual reinsurance coverage, five times the     12,175       

adjusted average market premium price established by the program   12,176       

for an individual in that classification or group with similar     12,177       

                                                          272    

                                                                 
characteristics and coverage, with respect to an eligible          12,178       

employee or his THE EMPLOYEE'S dependents, minus a ceding expense  12,180       

factor determined by the board.                                    12,181       

      (B)  Premium rates charged for reinsurance by the program    12,183       

to a health maintenance organization INSURING CORPORATION that is  12,185       

approved by the secretary of health and human services as a        12,186       

federally qualified health maintenance organization pursuant to    12,187       

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,   12,188       

as amended, and as such is subject to requirements that limit the  12,189       

amount of risk that may be ceded to the program, may be modified   12,190       

to reflect the portion of risk that may be ceded to the program.   12,191       

      Sec. 3924.13.  (A)  Following the close of each calendar     12,200       

year, the administering insurer of the Ohio small employer health  12,201       

reinsurance program shall determine the net premiums, the program  12,202       

expenses for administration, and the incurred losses, if any, for  12,203       

the year, taking into account investment income and other          12,204       

appropriate gains and losses.  For purposes of this section,       12,205       

health benefit plan premiums earned by MEWAs shall be established  12,206       

by adding paid claim losses and administrative expenses of the     12,207       

MEWA.  Health benefit plan premiums and benefits paid by a         12,209       

carrier that are less than an amount determined by the board of    12,210       

directors of the program to justify the cost of collection shall   12,211       

not be considered for purposes of determining assessments.  For    12,212       

purposes of this division, "net premiums" means health benefit     12,213       

plan premiums, less administrative expense allowances.                          

      (B)  Any net loss for the year shall be recouped first by    12,215       

assessments of carriers in accordance with this division.          12,216       

Assessments shall be apportioned by the board among all carriers   12,217       

participating in the program in proportion to their respective     12,218       

shares of the total premiums, net of reinsurance premiums paid     12,219       

for coverage under this program earned in the state from health    12,220       

benefit plans covering small employers that are issued by          12,221       

participating members during the calendar year coinciding with or  12,222       

ending during the fiscal year of the program, or on any other      12,223       

                                                          273    

                                                                 
equitable basis reflecting coverage of small employers as may be   12,224       

provided in the plan of operation.  An assessment shall be made    12,225       

pursuant to this division against a health maintenance             12,226       

organization INSURING CORPORATION that is approved by the          12,227       

secretary of health and human services as a federally qualified    12,229       

health maintenance organization pursuant to the "Social Security   12,230       

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, subject    12,231       

to an assessment adjustment formula adopted by the board for such  12,232       

health maintenance organizations INSURING CORPORATIONS that        12,233       

recognizes the restrictions imposed on the organizations ENTITIES  12,235       

by federal law.  The adjustment formula shall be adopted by the    12,237       

board prior to the first anniversary of the program's operation.   12,238       

In no event shall the assessment made pursuant to this division    12,239       

exceed, on an annual basis, one per cent of the carrier's Ohio     12,241       

small employer group premium as reported on its most recent        12,242       

annual statement filed with the superintendent of insurance.  If   12,243       

an excess is actuarially projected, the superintendent may take    12,244       

any action necessary to lower the assessment to the maximum level  12,245       

of one per cent.                                                                

      (C)  If assessments exceed actual losses and administrative  12,247       

expenses of the program, the excess shall be held at interest and  12,248       

used by the board to offset future losses or to reduce program     12,249       

premiums.  As used in this division, "future losses" includes      12,250       

reserves for incurred but not reported claims.                     12,251       

      (D)  Each carrier's proportion of participation in the       12,253       

program shall be determined annually by the board based on annual  12,255       

statements and other reports deemed necessary by the board and     12,256       

filed by the carrier with the board.  MEWAs shall report to the    12,257       

board claims payments made and administrative expenses incurred    12,258       

in this state on an annual basis on a form prescribed by the       12,259       

superintendent.                                                                 

      (E)  Provision shall be made in the plan of operation for    12,261       

the imposition of an interest penalty for late payment of          12,262       

assessments.                                                       12,263       

                                                          274    

                                                                 
      (F)  A carrier may seek from the superintendent a            12,265       

deferment, in whole or in part, from any assessment issued by the  12,266       

board.  The superintendent may defer, in whole or in part, the     12,267       

assessment of a carrier if, in the opinion of the superintendent,  12,268       

payment of the assessment would endanger the carrier's ability to  12,269       

fulfill its contractual obligations.                               12,270       

      (G)  In the event an assessment against a carrier is         12,272       

deferred in whole or in part, the amount by which the assessment   12,273       

is deferred may be assessed against the other carriers in a        12,274       

manner consistent with the basis for assessments set forth in      12,275       

this section.  In such event, the other carriers assessed shall    12,276       

have a claim in the amount of the assessment against the carrier   12,277       

receiving the deferment.  The carrier receiving the deferment      12,278       

shall remain liable to the program for the amount deferred.  The   12,279       

superintendent may attach appropriate conditions to any            12,280       

deferment.                                                         12,281       

      Sec. 3924.41.  (A)  As used in sections 3924.41 and 3924.42  12,290       

of the Revised Code, "health insurer" means any sickness and       12,291       

accident insurer, health maintenance organization, preferred       12,292       

provider organization, OR health care INSURING corporation,        12,294       

medical care corporation, dental care corporation, or prepaid      12,295       

dental plan organization.  "Health insurer" also includes any      12,296       

group health plan as defined in section 607 of the federal         12,297       

"Employee Retirement Income Security Act of 1974," 88 Stat. 832,   12,298       

29 U.S.C.A. 1167.                                                  12,299       

      (B)  Notwithstanding any other provision of the Revised      12,301       

Code, no health insurer shall take into consideration the          12,302       

availability of, or eligibility for, medical assistance in this    12,303       

state under Chapter 5111. of the Revised Code or in any other      12,304       

state pursuant to Title XIX of the "Social Security Act," 49       12,305       

Stat. 620 (1935), 42 U.S.C.A. 301, as amended, when determining    12,306       

an individual's eligibility for coverage or when making payments   12,307       

to or on behalf of an enrollee, subscriber, policyholder, or       12,308       

certificate holder.                                                12,309       

                                                          275    

                                                                 
      Sec. 3924.61.  As used in sections 3924.61 to 3924.74 of     12,318       

the Revised Code:                                                  12,319       

      (A)  "Account holder" means the natural person who opens a   12,322       

medical savings account or on whose behalf a medical savings       12,323       

account is opened.                                                              

      (B)  "Eligible medical expense" means any expense for a      12,326       

service rendered by a licensed health care provider or a           12,327       

christian science CHRISTIAN SCIENCE practitioner, or for an        12,328       

article, device, or drug prescribed by a licensed health care      12,329       

provider or provided by a christian science CHRISTIAN SCIENCE      12,331       

practitioner, when intended for use in the mitigation, treatment,  12,333       

or prevention of disease; or premiums paid for comprehensive       12,334       

sickness and accident insurance, coverage under a health care      12,335       

plan of a health maintenance organization INSURING CORPORATION     12,336       

organized under Chapter 1742. 1751. of the Revised Code,           12,338       

long-term care insurance as defined in section 3923.41 of the                   

Revised Code, Medicare supplemental coverage as defined in         12,339       

section 3923.33 of the Revised Code, or payments made pursuant to  12,341       

cost sharing agreements under comprehensive sickness and accident  12,342       

plans.  An "eligible medical expense" does not include expenses    12,343       

otherwise paid or reimbursed, including medical expenses paid or   12,344       

reimbursed under an automobile or motor vehicle insurance policy,  12,345       

a workers' compensation insurance policy or plan, or an                         

employer-sponsored health coverage policy, plan, or contract.      12,346       

      (C)  "Qualified dependent" means a child of an account       12,349       

holder when any of the following applies:                                       

      (1)  The child is under nineteen years of age, or is under   12,352       

twenty-three years of age and a full-time student at an                         

accredited college or university;                                  12,353       

      (2)  The child is not self-sufficient due to physical or     12,355       

mental disorders or impairments;                                   12,356       

      (3)  The child is legally entitled to the provision of       12,358       

proper or necessary subsistence, education, medical care, or       12,359       

other care necessary for the child's health, guidance, or          12,360       

                                                          276    

                                                                 
well-being and is not otherwise emancipated, self-supporting,      12,361       

married, or a member of the armed forces of the United States.     12,363       

      Sec. 3924.62.  (A)  A medical savings account may be opened  12,372       

by or on behalf of any natural person, to pay the person's         12,373       

eligible medical expenses and the eligible medical expenses of     12,374       

that person's spouse or qualified dependent.  A medical savings    12,375       

account may be opened by or on behalf of a person only if that     12,377       

person participates in a sickness or accident insurance plan, a    12,378       

plan offered by a health maintenance organization INSURING                      

CORPORATION organized under Chapter 1742. 1751. of the Revised     12,380       

Code, or a self-funded, employer-sponsored health benefit plan                  

established pursuant to the "Employee Retirement Income Security   12,381       

Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended.  While   12,382       

the medical savings account is open, the account holder shall      12,383       

continue to participate in such a plan.                                         

      (B)  A person who refuses to participate in a policy, plan,  12,386       

or contract of health coverage that is funded by the person's      12,387       

employer, and who receives additional monetary compensation by     12,388       

virtue of refusing that coverage, may not open a medical savings   12,389       

account unless the medical savings account also is sponsored by    12,390       

the person's employer.                                             12,391       

      Sec. 3924.64.  (A)  At the time a medical savings account    12,401       

is opened, an administrator for the account shall be designated.   12,402       

If an employer opens an account for an employee, the employer may  12,403       

designate the administrator.  If an account is opened by any       12,404       

person other than an employer, or if an employer chooses not to    12,405       

designate an administrator for an account opened for an employee,  12,406       

the account holder shall designate the administrator.  The         12,407       

administrator shall manage the account in a fiduciary capacity     12,408       

for the benefit of the account holder.                                          

      (B)  Medical savings accounts shall be administered by one   12,411       

of the following:                                                               

      (1)  A federally or state-chartered bank, savings and loan   12,414       

association, savings bank, or credit union;                                     

                                                          277    

                                                                 
      (2)  A trust company authorized to act as a fiduciary;       12,416       

      (3)  An insurer authorized under Title XXXIX of the Revised  12,419       

Code to engage in the business of sickness and accident            12,420       

insurance;                                                                      

      (4)  A dealer or salesperson licensed under Chapter 1707.    12,423       

of the Revised Code;                                                            

      (5)  An administrator licensed under Chapter 3959. of the    12,426       

Revised Code;                                                                   

      (6)  A certified public accountant;                          12,428       

      (7)  An employer that administers an employee benefit plan   12,431       

subject to regulation under the "Employee Retirement Income        12,432       

Security Act of 1974," 88 Stat. 829, 29 U.S.C.A. 1001, as          12,434       

amended, or that maintains medical savings accounts for its        12,435       

employees;                                                                      

      (8)  Health maintenance organizations INSURING CORPORATIONS  12,437       

organized under Chapter 1742. 1751. of the Revised Code.           12,438       

      (C)  Each administrator shall send to the account holder,    12,441       

at least annually, a statement setting forth the balance           12,442       

remaining in the account holder's account and detailing the        12,443       

activity in the account since the last statement was issued.       12,444       

Upon an administrator's receipt of a written request from an       12,445       

account holder for a current statement, the administrator shall    12,446       

promptly send the statement to the account holder.                              

      (D)  When an account holder documents to the administrator   12,449       

of the account the account holder's payment of, or the account                  

holder's obligation for, an eligible medical expense for the       12,450       

account holder, the account holder's spouse, or qualified          12,451       

dependents, the administrator shall reimburse the account holder   12,452       

for, or shall pay for, the eligible medical expense with funds     12,453       

from the account holder's account, if sufficient funds are         12,454       

available in the account holder's account.  If there are not       12,455       

sufficient funds in the account to fully reimburse the account     12,456       

holder or pay the expenses, the administrator shall reimburse the  12,458       

account holder or pay the expenses using whatever funds are in     12,459       

                                                          278    

                                                                 
the account.  The reimbursement or payment shall be made within    12,460       

thirty days of the administrator's receipt of the documentation.   12,461       

At the time of making the reimbursement or payment, the                         

administrator shall notify the account holder if the medical       12,462       

expense does not count toward meeting the deductible or other      12,463       

obligation for the receipt of benefits that is required by the     12,464       

insurer or other third-party payer providing health coverage to    12,465       

the account holder.  The administrator shall keep a record of the  12,466       

amounts disbursed from the account for documented eligible         12,467       

medical expenses and of the dates on which the expenses were       12,468       

incurred.  This record shall be made available to any sickness     12,469       

and accident insurer or other third-party payer providing health   12,470       

coverage to the account holder, for use by the insurer or          12,471       

third-party payer in determining whether the account holder has    12,472       

met the deductible or other obligation required for the receipt    12,473       

of benefits from the insurer or third-party payer.                 12,474       

      (E)  When an account is opened, the administrator shall      12,477       

give written notice to the account holder of the date of the last  12,478       

business day of the administrator's business year.                 12,479       

      Sec. 3924.73.  (A)  As used in this section:                 12,488       

      (1)  "Health care insurer" means any person legally engaged  12,490       

in the business of providing sickness and accident insurance       12,491       

contracts in this state, a health maintenance organization         12,492       

INSURING CORPORATION organized under Chapter 1742. 1751. of the    12,493       

Revised Code, or any legal entity that is self-insured and         12,494       

provides health care benefits to its employees or members.         12,495       

      (2)  "Small employer" has the same meaning as in division    12,497       

(P) of section 3924.01 of the Revised Code.                        12,498       

      (B)(1)  Subject to division (B)(2) of this section, nothing  12,501       

in sections 3924.61 to 3924.74 of the Revised Code shall be        12,502       

construed to limit the rights, privileges, or protections of       12,503       

employees or small employers under sections 3924.01 to 3924.14 of  12,504       

the Revised Code.                                                  12,505       

      (2)  If any account holder enrolls or applies to enroll in   12,507       

                                                          279    

                                                                 
a policy or contract offered by a health care insurer providing    12,508       

sickness and accident coverage that is more comprehensive than,    12,509       

and has a deductible amount that is less than, the coverage and    12,510       

deductible amount of the policy under which the account holder     12,511       

currently is enrolled, the health care insurer to which the        12,512       

account holder applies may subject the account holder to the same  12,514       

medical review, waiting periods, and underwriting requirements to  12,515       

which the health care insurer generally subjects other enrollees   12,516       

or applicants, unless the account holder enrolls or applies to     12,517       

enroll during a designated period of open enrollment.              12,518       

      Sec. 3929.77.  The joint underwriting association shall be   12,527       

governed by a board of governors consisting of nine members seven  12,528       

of whom shall be selected from the members of the joint            12,529       

underwriting association and appointed by the superintendent of    12,530       

insurance.  Five members shall be selected from insurers and                    

corporations domiciled in this state.  Two members shall be        12,531       

selected from insurers and corporations domiciled outside this     12,532       

state.  One member shall be an insurance agent licensed and        12,533       

writing insurance in this state.  One member shall represent the   12,534       

interests of consumers and shall neither be a member of, or        12,535       

associated with, a health care provider or profession nor                       

associated with an insurance company or an association organized   12,536       

A HEALTH INSURING CORPORATION HOLDING A CERTIFICATE OF AUTHORITY   12,537       

under Chapter 1737., 1738., or 1740. 1751. of the Revised Code.    12,538       

The directors of the stabilization reserve fund shall serve as ex  12,540       

officio members of the board of governors.                                      

      Sec. 3956.01.  As used in this chapter:                      12,549       

      (A)  "Account" means either of the two accounts created      12,551       

under section 3956.06 of the Revised Code.                         12,552       

      (B)  "Contractual obligation" means any obligation under a   12,554       

policy, contract, or certificate under a group policy or           12,555       

contract, or portion of the policy or contract, for which          12,556       

coverage is provided under section 3956.04 of the Revised Code.    12,557       

      (C)  "Covered policy or contract" means any policy,          12,559       

                                                          280    

                                                                 
contract, or group certificate within the scope of section         12,560       

3956.04 of the Revised Code.                                       12,561       

      (D)  "Impaired insurer" means a member insurer that, after   12,563       

the effective date of this section NOVEMBER 20, 1989, is not an    12,565       

insolvent insurer, and to which either of the following applies:   12,566       

      (1)  The insurer is considered by the superintendent to be   12,568       

potentially unable to fulfill its contractual obligations;         12,569       

      (2)  The insurer is placed under an order of rehabilitation  12,571       

or conservation by a court of competent jurisdiction.              12,572       

      (E)  "Insolvent insurer" means a member insurer that, after  12,574       

the effective date of this section NOVEMBER 20, 1989, is placed    12,576       

under an order of liquidation by a court of competent              12,577       

jurisdiction with a finding of insolvency.                         12,578       

      (F)(1)  "Member insurer" means any insurer that holds a      12,580       

certificate of authority or is licensed to transact in this state  12,581       

any kind of insurance for which coverage is provided under         12,582       

section 3956.04 of the Revised Code, and includes any insurer      12,583       

whose certificate of authority or license in this state may have   12,584       

been suspended, revoked, not renewed, or voluntarily withdrawn     12,585       

after the effective date of this section NOVEMBER 20, 1989.        12,587       

      (2)  "Member insurer" does not include any of the            12,589       

following:                                                         12,590       

      (a)  A medical care corporation;                             12,592       

      (b)  A health care corporation;                              12,594       

      (c)  A dental care corporation;                              12,596       

      (d)  A prepaid dental plan;                                  12,598       

      (e)  A health maintenance organization INSURING              12,601       

CORPORATION;                                                                    

      (f)  A preferred provider organization;                      12,603       

      (g)(b)  A fraternal benefit society;                         12,605       

      (h)(c)  A self-insurance or joint self-insurance pool or     12,607       

plan of the state or any political subdivision of the state;       12,608       

      (i)(d)  A mutual protective association;                     12,610       

      (j)(e)  An insurance exchange;                               12,612       

                                                          281    

                                                                 
      (k)(f)  Any person who qualifies as a "member insurer"       12,614       

under section 3955.01 of the Revised Code and who does not         12,616       

receive premiums on covered policies or contracts;                              

      (l)(g)  Any entity similar to any of those described in      12,618       

divisions (F)(2)(a) to (k)(f) of this section.                     12,619       

      (3)  "Member insurer" includes any insurer that operates     12,621       

any of the entities described in division (F)(2) of this section   12,622       

as a line of business, and not as a separate, affiliated legal     12,623       

entity, and otherwise qualifies as a member insurer.               12,624       

      (G)  "Premiums" means amounts received on covered policies   12,626       

or contracts, less premiums, considerations, and deposits          12,627       

returned on the policies or contracts, and less dividends and      12,628       

experience credits on the policies and contracts.  "Premiums"      12,629       

does not include either of the following:                          12,630       

      (1)  Any amounts in excess of one million dollars received   12,632       

on any unallocated annuity contract not issued under a             12,633       

governmental retirement plan established under Section 401,        12,634       

403(b), or 457 of the "Internal Revenue Code of 1986," 100 Stat.   12,635       

2085, 26 U.S.C.A. 1, as amended;                                   12,636       

      (2)  Any amounts received for any policies or contracts or   12,638       

for the portions of any policies or contracts for which coverage   12,639       

is not provided under section 3956.04 of the Revised Code.         12,640       

Division (G)(2) of this section shall not be construed to require  12,641       

the exclusion, from assessable premiums, of premiums paid for      12,642       

coverages in excess of the interest limitations specified in       12,643       

division (B)(2)(c) of section 3956.04 of the Revised Code or of    12,644       

premiums paid for coverages in excess of the limitations with      12,645       

respect to any one individual, any one participant, or any one     12,646       

contract holder specified in division (C)(2) of section 3956.04    12,647       

of the Revised Code.                                               12,648       

      (H)  "Resident" means any person who resides in this state   12,650       

at the time a member insurer is determined to be an impaired or    12,651       

insolvent insurer and to whom a contractual obligation is owed.    12,652       

A person may be a resident of only one state, which, in the case   12,653       

                                                          282    

                                                                 
of a person other than a natural person, shall be its principal    12,654       

place of business.                                                 12,655       

      (I)  "Subaccount" means any of the three subaccounts         12,657       

created under division (A) of section 3956.06 of the Revised       12,658       

Code.                                                              12,659       

      (J)  "Supplemental contract" means any agreement entered     12,661       

into for the distribution of policy or contract proceeds.          12,662       

      (K)  "Unallocated annuity contract" means any annuity        12,664       

contract or group annuity certificate that is not issued to and    12,665       

owned by an individual, except to the extent of any annuity        12,666       

benefits guaranteed to an individual by an insurer under that      12,667       

contract or certificate.                                           12,668       

      Sec. 3959.01.  (A)  "Administration fees" means any amount   12,677       

charged a covered person for services rendered.  "Administration   12,678       

fees" includes commissions earned or paid by any person relative   12,679       

to services performed by an administrator.                         12,680       

      (B)  "Administrator" means any person who adjusts or         12,682       

settles claims on, residents of this state in connection with      12,683       

life, dental, health, or disability insurance or self-insurance    12,684       

programs.  "Administrator" does not include any of the following:  12,685       

      (1)  An insurance agent or solicitor licensed in this state  12,687       

whose activities are limited exclusively to the sale of insurance  12,688       

and who does not provide any administrative services;              12,689       

      (2)  Any person who administers or operates the workers'     12,691       

compensation program of a self-insuring employer under Chapter     12,692       

4123. of the Revised Code;                                         12,693       

      (3)  Any person who administers pension plans for the        12,695       

benefit of the person's own members or employees or administers    12,697       

pension plans for the benefit of the members or employees of any   12,698       

other person;                                                      12,699       

      (4)  Any person that administers an insured plan or a        12,701       

self-insured plan that provides life, dental, health, or           12,702       

disability benefits exclusively for the person's own members or    12,703       

employees;                                                         12,704       

                                                          283    

                                                                 
      (5)  Any medical care corporation organized under Chapter    12,706       

1737. of the Revised Code, prepaid dental plan organization        12,707       

organized under Chapter 1736. of the Revised Code, health care     12,708       

INSURING corporation organized HOLDING A CERTIFICATE OF AUTHORITY  12,710       

under Chapter 1738. 1751. of the Revised Code, dental care         12,712       

corporation organized under Chapter 1740. of the Revised Code,     12,713       

health maintenance organization organized under Chapter 1742. of   12,714       

the Revised Code, or an insurance company that is authorized to    12,715       

write life or sickness and accident insurance in this state.       12,716       

      (C)  "Aggregate excess insurance" means that type of         12,718       

coverage whereby the insurer agrees to reimburse the insured       12,719       

employer or trust for all benefits or claims paid during an        12,720       

agreement period on behalf of all covered persons under the plan   12,721       

or trust which exceed a stated deductible amount and subject to a  12,722       

stated maximum.                                                    12,723       

      (D)  "Contributions" means any amount collected from a       12,725       

covered person to fund the self-insured portion of any plan in     12,726       

accordance with the plan's provisions, summary plan descriptions,  12,727       

and contracts of insurance.                                        12,728       

      (E)  "Fiduciary" has the meaning set forth in section        12,730       

1002(21)(A) of the "Employee Retirement Income Security Act of     12,731       

1974," 88 Stat. 829, 29 U.S.C. 1001, as amended.                   12,732       

      (F)  "Fiscal year" means the twelve-month accounting period  12,734       

commencing on the date the plan is established and ending twelve   12,735       

months following that date, and each corresponding twelve-month    12,736       

accounting period thereafter as provided for in the summary plan   12,737       

description.                                                       12,738       

      (G)  "Plan" means any arrangement in written form for the    12,740       

payment of life, dental, health, or disability benefits to         12,741       

covered persons defined by the summary plan description.           12,742       

      (H)  "Plan sponsor" means the person who establishes the     12,744       

plan.                                                              12,745       

      (I)  "Self-insurance program" means a program whereby an     12,747       

employer provides a plan of benefits for its employees without     12,748       

                                                          284    

                                                                 
involving an intermediate insurance carrier to assume risk or pay  12,749       

claims.  "Self-insurance program" includes but is not limited to   12,750       

employer programs that pay claims up to a prearranged limit        12,751       

beyond which they purchase insurance coverage to protect against   12,752       

unpredictable or catastrophic losses.                              12,753       

      (J)  "Specific excess insurance" means that type of          12,755       

coverage whereby the insurer agrees to reimburse the insured       12,756       

employer or trust for all benefits or claims paid during an        12,757       

agreement period on behalf of a covered person in excess of a      12,758       

stated deductible amount and subject to a stated maximum.          12,759       

      (K)  "Summary plan description" means the written document   12,761       

adopted by the plan sponsor which outlines the plan of benefits,   12,762       

conditions, limitations, exclusions, and other pertinent details   12,763       

relative to the benefits provided to covered persons thereunder.   12,764       

      Sec. 3999.32.  (A)  As used in this section:                 12,774       

      (1)  "Certificate holder" means any person whose employment  12,776       

or retirement status is the basis of eligibility for coverage      12,777       

under a group policy of sickness and accident insurance or for     12,778       

enrollment under a group contract of a prepaid dental plan         12,779       

organization, medical care corporation, health care INSURING       12,780       

corporation, dental care corporation, or health maintenance        12,782       

organization.                                                                   

      (2)  "Health insurer" means any sickness and accident        12,784       

insurer, prepaid dental plan organization, medical care            12,785       

corporation, OR health care INSURING corporation, dental care,     12,787       

corporation, or health maintenance organization.                   12,788       

      (B)  Each person to whom a group policy or contract of       12,790       

sickness and accident insurance or other health care coverage has  12,791       

been delivered or issued for delivery in this state by a health    12,792       

insurer shall make a reasonable effort to notify every             12,793       

certificate holder, or his CERTIFICATE HOLDER'S designee, who is   12,795       

covered under that policy or contract whenever the person fails    12,796       

to make a required premium payment or contribution on behalf of    12,797       

the certificate holder and that failure results in the             12,798       

                                                          285    

                                                                 
termination of coverage.  The person shall mail or present the     12,799       

notice to the certificate holder or his CERTIFICATE HOLDER'S       12,800       

designee no later than five days after the date on which the       12,802       

person receives the notice from the health insurer as required     12,803       

under division (D) of this section.  If a person other than the    12,804       

policyholder or contract holder is obligated to make the required  12,805       

premium payment or contribution on behalf of the certificate       12,806       

holder, that person shall mail or present the notice as required   12,807       

by this section.                                                                

      (C)  The notice required by division (B) of this section     12,809       

shall be in writing and shall clearly state that the person        12,810       

failed to make the required premium payment or contribution, the   12,811       

reasons for the failure, and the effect of the failure on the      12,812       

coverage of the certificate holder under the policy or contract.   12,813       

      (D)  If a person described in division (B) of this section   12,815       

fails to make a required premium payment or contribution on        12,816       

behalf of a certificate holder and that failure results in the     12,817       

termination of the coverage, the health insurer providing the      12,818       

coverage shall notify the person in writing of that person's       12,819       

duties as described in divisions (B) and (C) of this section.  If  12,820       

a person other than the policyholder or contract holder if IS      12,821       

obligated to make the required premium payment or contribution on  12,822       

behalf of the certificate holder, the insurer shall notify the     12,823       

person in writing of that person's duties as described in          12,824       

divisions (B) and (C) of this section.                             12,825       

      (E)  A certificate holder may designate any person to        12,827       

receive on his THE CERTIFICATE HOLDER'S behalf the notice          12,828       

required by division (B) of this section.  The certificate holder  12,830       

shall furnish the name and address of the person so designated to  12,831       

the person to whom the group policy or contract has been           12,832       

delivered or issued for delivery.                                  12,833       

      (F)  No person shall knowingly fail to comply with division  12,835       

(B) or (C) of this section.                                        12,836       

      Sec. 3999.36.  (A)  As used in this section and sections     12,846       

                                                          286    

                                                                 
3999.37 and 3999.38 of the Revised Code:                           12,847       

      (1)  "Insurer" means any person that is authorized to        12,849       

engage in the business of insurance in this state under title      12,851       

TITLE XXXIX of the Revised Code;, any prepaid dental plan          12,852       

organization, medical care corporation, health care INSURING       12,853       

corporation, dental care corporation, or health maintenance        12,855       

organization; or any other person engaging either directly or      12,856       

indirectly in this state in the business of insurance or entering  12,857       

into contracts substantially amounting to insurance under section  12,858       

3905.42 of the Revised Code.                                       12,859       

      (2)  "Impaired" or "impairment" means a financial situation  12,861       

in which the insurer's assets are less than the sum of the         12,862       

insurer's minimum required capital, minimum required surplus, and  12,863       

all liabilities, as determined in accordance with the              12,864       

requirements for the preparation and filing of the insurer's       12,865       

annual financial statement.                                        12,866       

      (3)  "Chief executive officer" means the person,             12,868       

irrespective of his THE PERSON'S title, designated by the board    12,869       

of directors or trustees of an insurer as the person charged with  12,871       

the responsibility of administering and implementing the           12,872       

insurer's policies and procedures.                                 12,873       

      (B)  Whenever a chief executive officer of an insurer knows  12,875       

or has reason to know that the insurer is impaired, he THE CHIEF   12,876       

EXECUTIVE OFFICER shall provide written notice of the impairment   12,878       

to the superintendent of insurance and to each member of the       12,879       

board of directors or trustees of the insurer.  The chief          12,880       

executive officer shall provide the notice as soon as reasonably   12,881       

possible, but no later than thirty days after he THE CHIEF         12,882       

EXECUTIVE OFFICER knows or has reason to know of the impairment.   12,884       

No chief executive officer shall fail to provide notice in         12,885       

compliance with this division.                                                  

      (C)  The notice received by the superintendent under         12,887       

division (B) of this section is not a public record under section  12,888       

149.43 of the Revised Code.                                        12,889       

                                                          287    

                                                                 
      Sec. 4582.041.  (A)  Any port authority created under        12,898       

section 4582.02 of the Revised Code may procure and pay all or     12,899       

any part of the cost of group hospitalization, surgical, major     12,900       

medical, sickness and accident insurance, or group life            12,901       

insurance, or a combination of any of the foregoing types of       12,902       

insurance or coverage for full-time employees and their immediate  12,903       

dependents, whether issued by an insurance company or a medical    12,904       

care corporation, duly authorized to do business in this state.    12,905       

      (B)  Any port authority also may procure and pay all or any  12,907       

part of the cost of a plan of group hospitalization, surgical, or  12,908       

major medical insurance with a health care INSURING corporation    12,909       

organized HOLDING A CERTIFICATE OF AUTHORITY under Chapter 1738.   12,911       

1751. of the Revised Code, provided that each full-time employee   12,913       

shall be permitted to:                                                          

      (1)  Exercise an option between a plan offered by an         12,915       

insurance company or medical care corporation as provided in       12,916       

division (A) of this section and such a plan offered by a health   12,917       

care INSURING corporation under this division, on the condition    12,918       

that the full-time employee shall pay any amount by which the      12,920       

cost of the plan offered in this division exceeds the cost of the  12,921       

plan offered under division (A) of this section; and               12,922       

      (2)  Change from one of the two plans to the other at a      12,924       

time each year as determined by the port authority.                12,925       

      Sec. 4582.29.  (A)  Any port authority created under         12,934       

section 4582.22 of the Revised Code may procure and pay all or     12,935       

any part of the cost of group hospitalization, surgical, major     12,936       

medical, sickness and accident insurance, or group life            12,937       

insurance, or a combination of any of the foregoing types of       12,938       

insurance or coverage for full-time employees and their immediate  12,939       

dependents, whether issued by an insurance company or a medical    12,940       

care corporation, duly authorized to do business in this state.    12,941       

      (B)  Any port authority also may procure and pay all or any  12,943       

part of the cost of a plan of group hospitalization, surgical, or  12,944       

major medical insurance with a health care INSURING corporation    12,945       

                                                          288    

                                                                 
organized HOLDING A CERTIFICATE OF AUTHORITY under Chapter 1738.   12,947       

1751. of the Revised Code, provided that each full-time employee   12,949       

shall be permitted to:                                                          

      (1)  Exercise an option between a plan offered by an         12,951       

insurance company, hospital service association, or medical care   12,952       

corporation as provided in division (A) of this section and a      12,953       

plan offered by a health care INSURING corporation under this      12,954       

division, on the condition that the full-time employee shall pay   12,956       

any amount by which the cost of the plan offered in this division  12,957       

exceeds the cost of the plan offered under division (A) of this    12,958       

section; and                                                                    

      (2)  Change from one of the two plans to the other at a      12,960       

time each year as determined by the port authority.                12,961       

      Sec. 4715.02.  The governor, with the advice and consent of  12,970       

the senate, shall appoint a state dental board consisting of       12,971       

seven persons, five of whom shall be graduates of a reputable      12,972       

dental college, a citizen CITIZENS of the United States, and       12,973       

shall have been in the legal and reputable practice of dentistry   12,974       

in the state at least five years next preceding his THEIR          12,975       

appointment; one of whom shall be a graduate of a reputable        12,976       

school of dental hygiene, a citizen of the United States, and      12,977       

shall have been in the legal and reputable practice of dental      12,978       

hygiene in the state at least five years next preceding his THE    12,979       

PERSON'S appointment; and one of whom shall be a member of the     12,981       

public at large who is not associated with or financially          12,982       

interested in the practice of dentistry.  Terms of office shall    12,983       

be for five years, commencing on the seventh day of April and      12,984       

ending on the sixth day of April, except that upon expiration of   12,985       

the term ending April 25, 1978, the new term which succeeds it     12,986       

shall commence on April 26, 1978 and end on April 6, 1983; upon    12,987       

expiration of the term ending July 23, 1974, the new term which    12,988       

succeeds it shall commence on July 24, 1974 and end on April 6,    12,989       

1979; and upon expiration of the term ending June 24, 1975, the    12,990       

new term which succeeds it shall commence on June 25, 1975 and     12,991       

                                                          289    

                                                                 
end on April 6, 1980.  Each member shall hold office from the      12,992       

date of his THE MEMBER'S appointment until the end of the term     12,994       

for which he THE MEMBER was appointed.  Any member appointed to    12,996       

fill a vacancy occurring prior to the expiration of the term for   12,997       

which his THE MEMBER'S predecessor was appointed shall hold        12,999       

office for the remainder of such term.  Any member shall continue  13,000       

in office subsequent to the expiration date of his THE MEMBER'S    13,001       

term until his THE MEMBER'S successor takes office, or until a     13,002       

period of sixty days has elapsed, whichever occurs first.  No      13,004       

person so appointed shall serve to exceed two terms.  The Ohio     13,005       

dental association may submit to the governor the names of five    13,006       

nominees for each position to be filled by a dentist and from the  13,007       

names so submitted or from others, at his THE GOVERNOR'S           13,008       

discretion, the governor shall make such appointments; provided    13,010       

that all such appointees shall possess the required                13,011       

qualifications.  The Ohio dental hygienists association, inc.      13,012       

may submit to the governor the names of five nominees for each     13,013       

position to be filled by a dental hygienist and from the names so  13,014       

submitted or from others, at his THE GOVERNOR'S discretion, the    13,016       

governor shall make such appointments; provided that all such                   

appointees shall possess the required qualifications.  No person   13,017       

shall be appointed to the state dental board who is employed by    13,018       

or practices in a partnership, association, or corporation         13,019       

organized HOLDING A CERTIFICATE OF AUTHORITY under Chapter 1740.   13,021       

1751. of the Revised Code with a person who is a member of the     13,022       

board.                                                                          

      Sec. 4719.01.  (A)  As used in sections 4719.01 to 4719.18   13,031       

of the Revised Code:                                               13,032       

      (1)  "Affiliate" means a business entity that is owned by,   13,034       

operated by, controlled by, or under common control with another   13,035       

business entity.                                                                

      (2)  "Communication" means a written or oral notification    13,037       

or advertisement that meets both of the following criteria, as     13,038       

applicable:                                                                     

                                                          290    

                                                                 
      (a)  The notification or advertisement is transmitted by or  13,040       

on behalf of the seller of goods or services and by or through     13,041       

any printed, audio, video, cinematic, telephonic, or electronic    13,042       

means.                                                                          

      (b)  In the case of a notification or advertisement other    13,044       

than by telephone, either of the following conditions is met:      13,045       

      (i)  The notification or advertisement is followed by a      13,047       

telephone call from a telephone solicitor or salesperson.          13,048       

      (ii)  The notification or advertisement invites a response   13,050       

by telephone, and, during the course of that response, a           13,051       

telephone solicitor or salesperson attempts to make or makes a     13,052       

sale of goods or services.  As used in division (A)(2)(b)(ii) of   13,053       

this section, "invites a response by telephone" excludes the mere  13,054       

listing or inclusion of a telephone number in a notification or    13,055       

advertisement.                                                                  

      (3)  "Gift, award, or prize" means anything of value that    13,058       

is offered or purportedly offered, or given or purportedly given   13,059       

by chance, at no cost to the receiver and with no obligation to    13,060       

purchase goods or services.  As used in this division, "chance"                 

includes a situation in which a person is guaranteed to receive    13,062       

an item and, at the time of the offer or purported offer, the      13,063       

telephone solicitor does not identify the specific item that the                

person will receive.                                               13,064       

      (4)  "Goods or services" means any real property or any      13,067       

tangible or intangible personal property, or services of any kind  13,068       

provided or offered to a person.  "Goods or services" includes,                 

but is not limited to, advertising; labor performed for the        13,069       

benefit of a person; personal property intended to be attached to  13,070       

or installed in any real property, regardless of whether it is so  13,071       

attached or installed; timeshare estates or licenses; and          13,072       

extended service contracts.                                                     

      (5)  "Purchaser" means a person that is solicited to become  13,075       

or does become financially obligated as a result of a telephone    13,076       

solicitation.                                                                   

                                                          291    

                                                                 
      (6)  "Salesperson" means an individual who is employed,      13,078       

appointed, or authorized by a telephone solicitor to make          13,080       

telephone solicitations but does not mean any of the following:                 

      (a)  An individual who comes within one of the exemptions    13,082       

in division (B) of this section;                                   13,083       

      (b)  An individual employed, appointed, or authorized by a   13,085       

person who comes within one of the exemptions in division (B) of   13,086       

this section;                                                      13,087       

      (c)  An individual under a written contract with a person    13,089       

who comes within one of the exemptions in division (B) of this     13,090       

section, if liability for all transactions with purchasers is      13,091       

assumed by the person so exempted.                                 13,092       

      (7)  "Telephone solicitation" means a communication to a     13,094       

person that meets both of the following criteria:                  13,095       

      (a)  The communication is initiated by or on behalf of a     13,097       

telephone solicitor or by a salesperson.                           13,098       

      (b)  The communication either represents a price or the      13,100       

quality or availability of goods or services or is used to induce  13,101       

the person to purchase goods or services, including, but not       13,102       

limited to, inducement through the offering of a gift, award, or   13,103       

prize.                                                                          

      (8)  "Telephone solicitor" means a person that engages in    13,105       

telephone solicitation directly or through one or more             13,106       

salespersons either from a location in this state or from a        13,107       

location outside this state to persons in this state.  "Telephone  13,108       

solicitor" includes, but is not limited to, any such person that   13,109       

is an owner, operator, officer, or director of, partner in, or     13,110       

other individual engaged in the management activities of, a        13,111       

business.                                                                       

      (B)  A telephone solicitor is exempt from the provisions of  13,114       

sections 4719.02 to 4719.18 and section 4719.99 of the Revised                  

Code if the telephone solicitor is any one of the following:       13,115       

      (1)  A person engaging in a telephone solicitation that is   13,117       

a one-time or infrequent transaction not done in the course of a   13,118       

                                                          292    

                                                                 
pattern of repeated transactions of a like nature;                 13,119       

      (2)  A person engaged in telephone solicitation solely for   13,121       

religious or political purposes; a charitable organization,        13,122       

fund-raising counsel, or professional solicitor in compliance      13,123       

with the registration and reporting requirements of Chapter 1716.  13,124       

of the Revised Code; or any person or other entity exempt under    13,125       

section 1716.03 of the Revised Code from filing a registration     13,126       

statement under section 1716.02 of the Revised Code;               13,128       

      (3)  A person, making a telephone solicitation involving a   13,130       

home solicitation sale as defined in section 1345.21 of the        13,131       

Revised Code, that makes the sales presentation and completes the  13,132       

sale at a later, face-to-face meeting between the seller and the   13,134       

purchaser rather than during the telephone solicitation.           13,135       

However, if the person, following the telephone solicitation,      13,136       

causes another person to collect the payment of any money, this    13,137       

exemption does not apply.                                                       

      (4)  A licensed securities, commodities, or investment       13,139       

broker, dealer, investment advisor, or associated person when      13,140       

making a telephone solicitation within the scope of the person's   13,141       

license.  As used in division (B)(4) of this section, "licensed    13,142       

securities, commodities, or investment broker, dealer, investment  13,143       

advisor, or associated person" means a person subject to           13,144       

licensure or registration as such by the securities and exchange   13,145       

commission; the National Association of Securities Dealers or      13,146       

other self-regulatory organization, as defined by 15 U.S.C.A.      13,147       

78c; by the division of securities under Chapter 1707. Revised     13,148       

Code; or by an official or agency of any other state of the        13,149       

United States.                                                                  

      (5)(a)  A person primarily engaged in soliciting the sale    13,151       

of a newspaper of general circulation;                             13,152       

      (b)  As used in division (B)(5)(a) of this section,          13,154       

"newspaper of general circulation" includes, but is not limited    13,155       

to, both of the following:                                                      

      (i)  A newspaper that is a daily law journal designated as   13,157       

                                                          293    

                                                                 
an official publisher of court calendars pursuant to section       13,158       

2701.09 of the Revised Code;                                                    

      (ii)  A newspaper or publication that has at least           13,160       

twenty-five per cent editorial, non-advertising content,           13,161       

exclusive of inserts, measured relative to total publication       13,162       

space, and an audited circulation to at least fifty per cent of    13,163       

the households in the newspaper's retail trade zone as defined by               

the audit.                                                         13,164       

      (6)(a)  An issuer, or its subsidiary, that has a class of    13,166       

securities to which all of the following apply:                    13,167       

      (i)  The class of securities is subject to section 12 of     13,169       

the "Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is     13,170       

registered or is exempt from registration under 15 U.S.C.A.        13,172       

78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);                                  

      (ii)  The class of securities is listed on the New York      13,175       

stock exchange, the American stock exchange, or the NASDAQ         13,176       

national market system;                                                         

      (iii)  The class of securities is a reported security as     13,178       

defined in 17 C.F.R. 240.11Aa3-1(a)(4).                            13,179       

      (b)  An issuer, or its subsidiary, that formerly had a       13,181       

class of securities that met the criteria set forth in division    13,182       

(B)(6)(a) of this section if the issuer, or its subsidiary, has a  13,184       

net worth in excess of one hundred million dollars, files or its   13,185       

parent files with the securities and exchange commission an        13,186       

S.E.C. form 10-K, and has continued in substantially the same      13,187       

business since it had a class of securities that met the criteria               

in division (B)(6)(a) of this section.  As used in division        13,188       

(B)(6)(b) of this section, "issuer" and "subsidiary" include the   13,189       

successor to an issuer or subsidiary.                              13,191       

      (7)  A person soliciting a transaction regulated by the      13,193       

commodity futures trading commission, if the person is registered  13,194       

or temporarily registered for that activity with the commission    13,195       

under 7 U.S.C.A. 1 et. seq. and the registration or temporary      13,196       

registration has not expired or been suspended or revoked;         13,197       

                                                          294    

                                                                 
      (8)  A person soliciting the sale of any book, record,       13,199       

audio tape, compact disc, or video, if the person allows the       13,200       

purchaser to review the merchandise for at least seven days and    13,202       

provides a full refund within thirty days to a purchaser who       13,203       

returns the merchandise or if the person solicits the sale on      13,204       

behalf of a membership club operating in compliance with           13,205       

regulations adopted by the federal trade commission in 16 C.F.R.   13,206       

425;                                                                            

      (9)  A supervised financial institution or its subsidiary.   13,208       

As used in division (B)(9) of this section, "supervised financial  13,210       

institution" means a bank, trust company, savings and loan         13,211       

association, savings bank, credit union, industrial loan company,               

consumer finance lender, commercial finance lender, or             13,212       

institution described in section 2(c)(2)(F) of the "Bank Holding   13,213       

Company Act of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended,       13,214       

supervised by an official or agency of the United States, this     13,215       

state, or any other state of the United States; or a licensee or   13,216       

registrant under sections 1321.01 to 1321.19, 1321.51 to 1321.60,  13,217       

or 1321.71 to 1321.83 of the Revised Code.                         13,218       

      (10)(a)  An insurance company, association, or other         13,220       

organization that is licensed or authorized to conduct business    13,221       

in this state by the superintendent of insurance pursuant to       13,222       

Title XXXIX of the Revised Code or Chapter 1736., 1737., 1738.,    13,223       

1739., 1740., or 1742. 1751. of the Revised Code, when soliciting  13,224       

within the scope of its license or authorization.                  13,225       

      (b)  A licensed insurance broker, agent, or solicitor when   13,228       

soliciting within the scope of the person's license.  As used in   13,229       

division (B)(10)(b) of this section, "licensed insurance broker,   13,230       

agent, or solicitor" means any person licensed as an insurance     13,231       

broker, agent, or solicitor by the superintendent of insurance     13,232       

pursuant to Title XXXIX of the Revised Code.                                    

      (11)  A person soliciting the sale of services provided by   13,234       

a cable television system operating under authority of a           13,235       

governmental franchise or permit;                                  13,236       

                                                          295    

                                                                 
      (12)  A person soliciting a business-to-business sale under  13,238       

which any of the following conditions are met:                     13,239       

      (a)  The telephone solicitor has been operating              13,241       

continuously for at least three years under the same business      13,242       

name under which it solicits purchasers, and at least fifty-one    13,243       

per cent of its gross dollar volume of sales consists of repeat    13,244       

sales to existing customers to whom it has made sales under the    13,245       

same business name.                                                             

      (b)  The purchaser business intends to resell the goods      13,248       

purchased.                                                                      

      (c)  The purchaser business intends to use the goods or      13,251       

services purchased in a recycling, reuse, manufacturing, or                     

remanufacturing process.                                           13,252       

      (d)  The telephone solicitor is a publisher of a periodical  13,254       

or of magazineS distributed as controlled circulation              13,255       

publicationS as defined in division (CC) of section 5739.01 of     13,256       

the Revised Code and is soliciting sales of advertising,           13,257       

subscriptions, reprints, lists, information databases, conference  13,258       

participation or sponsorships, trade shows or media products       13,259       

related to the periodical or magazine, or other publishing                      

services provided by the controlled circulation publication.       13,260       

      (13)  A person that, not less often than once each year,     13,262       

publishes and delivers to potential purchasers a catalog that      13,263       

complies with both of the following:                               13,264       

      (a)  It includes all of the following:                       13,266       

      (i)  The business address of the seller;                     13,268       

      (ii)  A written description or illustration of each good or  13,271       

service offered for sale;                                                       

      (iii)  A clear and conspicuous disclosure of the sale price  13,273       

of each good or service; shipping, handling, and other charges;    13,275       

and return policy;                                                              

      (b)  One of the following applies:                           13,277       

      (i)  The catalog includes at least twenty-four pages of      13,279       

written material and illustrations, is distributed in more than    13,280       

                                                          296    

                                                                 
one state, and has an annual postage-paid mail circulation of not  13,281       

less than two hundred fifty thousand households;                   13,282       

      (ii)  The catalog includes at least ten pages of written     13,284       

material or an equivalent amount of material in electronic form    13,285       

on the internet or an on-line computer service, the person does    13,286       

not solicit customers by telephone but solely receives telephone   13,287       

calls made in response to the catalog, and during the calls the    13,289       

person takes orders but does not engage in further solicitation                 

of the purchaser.  As used in division (B)(13)(b)(ii) of this      13,290       

section, "further solicitation" does not include providing the     13,291       

purchaser with information about, or attempting to sell, any       13,292       

other item in the catalog that prompted the purchaser's call or    13,293       

in a substantially similar catalog issued by the seller.           13,294       

      (14)  A political subdivision or instrumentality of the      13,296       

United States, this state, or any state of the United States;      13,298       

      (15)  A college or university or any other public or         13,300       

private institution of higher education in this state;             13,301       

      (16)  A public utility, as defined in section 4905.02 of     13,303       

the Revised Code, that is subject to regulation by the public      13,304       

utilities commission, or its affiliate;                            13,305       

      (17)  A travel agency or tour promoter that is registered    13,307       

in compliance with section 1333.96 of the Revised Code when        13,308       

soliciting within the scope of the agency's or promoter's          13,309       

registration;                                                                   

      (18)  A person that solicits sales through a television      13,311       

program or advertisement that is presented in the same market      13,312       

area no fewer than twenty days per month or offers for sale no     13,313       

fewer than ten distinct items of goods or services; and offers to  13,314       

the purchaser an unconditional right to return any good or         13,315       

service purchased within a period of at least seven days and to    13,316       

receive a full refund within thirty days after the purchaser                    

returns the good or cancels the service;                           13,317       

      (19)(a)  A person that, for at least one year, has been      13,319       

operating a retail business under the same name as that used in    13,320       

                                                          297    

                                                                 
connection with telephone solicitation and both of the following   13,321       

occur on a continuing basis:                                       13,322       

      (i)  The person either displays goods and offers them for    13,324       

retail sale at the person's business premises or offers services   13,325       

for sale and provides them at the person's business premises.      13,326       

      (ii)  At least fifty-one per cent of the person's gross      13,329       

dollar volume of retail sales involves purchases of goods or                    

services at the person's business premises.                        13,330       

      (b)  An affiliate of a person that meets the requirements    13,332       

in division (B)(19)(a) of this section if the affiliate meets all  13,334       

of the following requirements:                                                  

      (i)  The affiliate has operated a retail business for a      13,336       

period of less than one year;                                      13,337       

      (ii)  The affiliate either displays goods and offers them    13,339       

for retail sale at the affiliate's business premises or offers     13,340       

services for sale and provides them at the affiliate's business    13,341       

premises;                                                                       

      (iii)  At least fifty-one per cent of the affiliate's gross  13,343       

dollar volume of retail sales involves purchases of goods or       13,344       

services at the affiliate's business premises.                     13,345       

      (c)  A person that, for a period of less than one year, has  13,347       

been operating a retail business in this state under the same      13,348       

name as that used in connection with telephone solicitation, as    13,349       

long as all of the following requirements are met:                 13,350       

      (i)  The person either displays goods and offers them for    13,352       

retail sale at the person's business premises or offers services   13,353       

for sale and provides them at the person's business premises;      13,354       

      (ii)  The goods or services that are the subject of          13,356       

telephone solicitation are sold at the person's business           13,357       

premises, and at least sixty-five per cent of the person's gross   13,358       

dollar volume of retail sales involves purchases of goods or       13,359       

services at the person's business premises;                                     

      (iii)  The person conducts all telephone solicitation        13,361       

activities according to sections 310.3, 310.4, and 310.5 of the    13,362       

                                                          298    

                                                                 
telemarketing sales rule adopted by the federal trade commission   13,363       

in 16 C.F.R. part 310.                                                          

      (20)  A person who performs telephone solicitation sales     13,365       

services on behalf of other persons and to whom one of the         13,366       

following applies:                                                              

      (a)  The person has operated under the same ownership,       13,368       

control, and business name for at least five years, and the        13,369       

person receives at least seventy-five per cent of its gross        13,370       

revenues from written telephone solicitation contracts with        13,371       

persons who come within one of the exemptions in division (B) of                

this section.                                                      13,372       

      (b)  The person is an affiliate of one or more exempt        13,374       

persons and makes telephone solicitations on behalf of only the    13,375       

exempt persons of which it is an affiliate.                        13,376       

      (c)  The person makes telephone solicitations on behalf of   13,378       

only exempt persons, the person and each exempt person on whose    13,379       

behalf telephone solicitations are made have entered into a        13,380       

written contract that specifies the manner in which the telephone  13,381       

solicitations are to be conducted and that at a minimum requires   13,382       

compliance with the telemarketing sales rule adopted by the                     

federal trade commission in 16 C.F.R. part 310, and the person     13,384       

conducts the telephone solicitations in the manner specified in    13,385       

the written contract.                                                           

      (d)  The person performs telephone solicitation for          13,387       

religious or political purposes, a charitable organization, a      13,388       

fund-raising council, or a professional solicitor in compliance    13,389       

with the registration and reporting requirements of Chapter 1716.  13,390       

of the Revised Code; and meets all of the following requirements:  13,391       

      (i)  The person has operated under the same ownership,       13,393       

control, and business name for at least five years, and the        13,394       

person receives at least fifty-one per cent of its gross revenues  13,395       

from written telephone solicitation contracts with persons who     13,396       

come within the exemption in division (B)(2) of this section;      13,397       

      (ii)  The person does not conduct a prize promotion or       13,399       

                                                          299    

                                                                 
offer the sale of an investment opportunity; and                   13,400       

      (iii)  The person conducts all telephone solicitation        13,402       

activities according to sections 310.3, 310.4, and 310.5 of the    13,403       

telemarketing sales rules adopted by the federal trade commission  13,404       

in 16 C.F.R. part 310.                                             13,405       

      (21)  A person that is a licensed real estate salesperson    13,407       

or broker under Chapter 4735. of the Revised Code when soliciting  13,408       

within the scope of the person's license;                          13,409       

      (22)  A publisher that solicits the sale of the publisher's  13,411       

periodical or magazine of general, paid circulation, or a person   13,412       

that solicits a sale of that nature on behalf of a publisher       13,413       

under a written agreement directly between the publisher and the   13,414       

person.  As used in division (B)(22) of this section, "periodical  13,415       

or magazine of general, paid circulation" excludes a periodical    13,416       

or magazine circulated only as part of a membership package or     13,417       

given as a free gift or prize from the publisher or person.        13,418       

      (23)  A person that solicits the sale of food, as defined    13,420       

in section 3715.01 of the Revised Code, or the sale of products    13,421       

of horticulture, as defined in section 5739.01 of the Revised      13,422       

Code, if the person does not intend the solicitation to result     13,423       

in, or the solicitation actually does not result in, a sale that   13,424       

costs the purchaser an amount greater than five hundred dollars.                

      (24)  A funeral director licensed pursuant to Chapter 4717.  13,426       

of the Revised Code when soliciting within the scope of that       13,427       

license, if both of the following apply:                           13,428       

      (a)  The solicitation and sale are conducted in compliance   13,430       

with 16 C.F.R. part 453, as adopted by the federal trade           13,431       

commission, and with sections 1107.33 and 1345.21 to 1345.28 of    13,432       

the Revised Code;                                                               

      (b)  The person provides to the purchaser of any preneed     13,434       

funeral contract a notice that clearly and conspicuously sets      13,435       

forth the cancellation rights specified in division (G) of         13,436       

section 1107.33 of the Revised Code, and retains a copy of the     13,437       

that notice signed by the purchaser.                                            

                                                          300    

                                                                 
      (25)  A person, or affiliate thereof, licensed to sell or    13,439       

issue Ohio instruments designated as travelers checks pursuant to  13,440       

sections 1315.01 to 1315.11 of the Revised Code.                   13,441       

      (26)  A person that solicits sales from its previous         13,443       

purchasers and meets all of the following requirements:            13,444       

      (a)  The solicitation is made under the same business name   13,446       

that was previously used to sell goods or services to the          13,447       

purchaser;                                                                      

      (b)  The person has, for a period of not less than three     13,449       

years, operated a business under the same business name as that    13,450       

used in connection with telephone solicitation;                    13,451       

      (c)  The person does not conduct a prize promotion or offer  13,453       

the sale of an investment opportunity;                             13,454       

      (d)  The person conducts all telephone solicitation          13,456       

activities according to sections 310.3, 310.4, and 310.5 of the    13,457       

telemarketing sales rules adopted by the federal trade commission  13,458       

in 16 C.F.R. part 310;                                                          

      (e)  Neither the person nor any of its principals has been   13,460       

convicted of, pleaded guilty to, or has entered a plea of no       13,461       

contest for a felony or a theft offense as defined in sections     13,462       

2901.02 and 2913.01 of the Revised Code or similar law of another  13,463       

state or of the United States;                                                  

      (f)  Neither the person nor any of its principals has had    13,465       

entered against them an injunction or a final judgment or order,   13,466       

including an agreed judgment or order, an assurance of voluntary   13,467       

compliance, or any similar instrument, in any civil or             13,468       

administrative action involving engaging in a pattern of corrupt   13,469       

practices, fraud, theft, embezzlement, fraudulent conversion, or   13,470       

misappropriation of property; the use of any untrue, deceptive,                 

or misleading representation; or the use of any unfair, unlawful,  13,471       

deceptive, or unconscionable trade act or practice.                13,472       

      (27)  An institution defined as a home health agency in      13,474       

section 3701.88 of the Revised Code, that conducts all telephone   13,475       

solicitation activities according to sections 310.3, 310.4, and    13,476       

                                                          301    

                                                                 
310.5 of the telemarketing sales rules adopted by the federal      13,477       

trade commission in 16 C.F.R. part 310, and engages in telephone   13,478       

solicitation only within the scope of the institution's            13,479       

certification, accreditation, contract with the department of                   

aging, or status as a home health agency; and that meets one of    13,480       

the following requirements:                                        13,481       

      (a)  The institution is certified as a provider of home      13,483       

health services under Title XVIII of the Social Security Act, 49   13,485       

Stat. 620, 42 U.S.C. 301, as amended; and is registered with the   13,486       

department of health pursuant to division (B) of section 3701.88   13,487       

of the Revised Code;                                               13,488       

      (b)  The institution is accredited by either the joint       13,490       

commission on accreditation of health care organizations or the    13,491       

community health accreditation program;                            13,492       

      (c)  The institution is providing PASSPORT services under    13,495       

the direction of the Ohio department of aging under section                     

173.40 of the Revised Code;                                        13,496       

      (d)  An affiliate of an institution that meets the           13,498       

requirements of division (B)(27)(a), (b), or (c) of this section   13,500       

when offering for sale substantially the same goods and services   13,501       

as those that are offered by the institution that meets the                     

requirements of division (B)(27)(a), (b), or (c) of this section.  13,503       

      (28)  A person licensed to provide a hospice care program    13,505       

by the department of health pursuant to section 3712.04 of the     13,506       

Revised Code when conducting telephone solicitations within the    13,507       

scope of the person's license and according to sections 310.3,     13,508       

310.4, and 310.5 of the telemarketing sales rules adopted by the   13,509       

federal trade commission in 16 C.F.R. part 310.                                 

      Sec. 4729.381.  No licensed pharmacist shall be liable for   13,518       

civil damages or in any criminal prosecution arising from the      13,519       

dispensing of a drug based upon a formulary established by a       13,520       

practitioner in a hospital, health maintenance organization        13,521       

INSURING CORPORATION, or long-term care facility and requiring     13,522       

the pharmacist to dispense the particular drug.                    13,523       

                                                          302    

                                                                 
      Sec. 4731.67.  Section 4731.66 of the Revised Code does not  13,532       

apply to any of the following referrals by the holder of a         13,533       

certificate under this chapter:                                    13,534       

      (A)  Referrals for physicians' services that are performed   13,536       

by or under the personal supervision of a physician in the same    13,537       

group practice as the referring physician;                         13,538       

      (B)  Referrals for clinical laboratory services by a         13,540       

certificate holder specializing in the practice of pathology if    13,541       

those services are provided by or under the supervision of the     13,542       

pathologist pursuant to a consultation requested by another        13,543       

physician;                                                         13,544       

      (C)  Referrals for in-office ancillary services to which     13,546       

all of the following apply:                                        13,547       

      (1)  The services are furnished by the referring physician,  13,549       

a physician in the same group practice as the referring            13,550       

physician, or individuals who are employed by the referring        13,551       

physician or the group practice and who are supervised by the      13,552       

referring physician or a physician in the group practice, and are  13,553       

furnished either:                                                  13,554       

      (a)  In a building in which the referring physician, or      13,556       

another physician in the same group practice as the referring      13,557       

physician, furnishes physicians' services unrelated to the         13,558       

furnishing of designated health services;                          13,559       

      (b)  In another building used by the referring physician's   13,561       

group practice for the centralized provision of the group's        13,562       

designated health services.                                        13,563       

      (2)  The services are billed by the physician performing or  13,565       

supervising the services, the physician's group practice, or an    13,566       

entity wholly owned by the group practice.                         13,567       

      (3)  The physician's ownership or investment interest in     13,569       

the services described in this division meets any other            13,570       

requirements that the state medical board applies in rules         13,571       

adopted under section 4731.70 of the Revised Code.                 13,572       

      (D)  "Referrals for in-office ancillary services if the      13,574       

                                                          303    

                                                                 
third-party payer is aware of and has agreed in writing to         13,575       

reimburse the services notwithstanding the financial arrangement   13,576       

between the physician and the provider of such ancillary           13,577       

services.                                                          13,578       

      (E)  Referrals for services furnished by a health            13,580       

maintenance organization INSURING CORPORATION to an enrollee of    13,581       

the organization CORPORATION;                                      13,582       

      (F)  Referrals to a hospital for designated health           13,585       

services, if all of the following apply:                                        

      (1)  The financial arrangement between the referring         13,587       

physician or immediate family member and the hospital consists of  13,588       

an ownership or investment interest described in division (A)(1)   13,589       

of section 4731.66 of the Revised Code and not a compensation      13,590       

arrangement described in division (A)(2) of that section.          13,591       

      (2)  The referring physician is authorized to perform        13,593       

services at the hospital.                                          13,594       

      (3)  The ownership or investment interest is in the          13,596       

hospital itself and not merely in a subdivision of the hospital.   13,597       

      (G)  Referrals to a hospital with which the certificate      13,599       

holder's or immediate family member's financial relationship does  13,600       

not relate to the provision of designated health services;         13,602       

      (H)  Referrals to a laboratory located in a rural area as    13,604       

defined in section 1886(d)(2)(D) of the "Social Security Act," 49  13,605       

Stat. 620 (1935), 42 U.S.C.A. 1395ww(d)(2)(D), as amended, if the  13,606       

financial relationship consists of an ownership or investment      13,607       

interest described in division (A)(1) of section 4731.66 of the    13,608       

Revised Code, and not a compensation arrangement described in      13,609       

division (A)(2) of that section;                                   13,610       

      (I)  Any other referrals in which the financial              13,612       

relationship between the certificate holder or immediate family    13,613       

member and the person furnishing services has been specified in    13,614       

rules adopted by the state medical board under section 4731.70 of  13,615       

the Revised Code.                                                  13,616       

      Sec. 5111.02.  (A)  Under the medical assistance program:    13,625       

                                                          304    

                                                                 
      (1)  Reimbursement by the department of human services to a  13,627       

medical provider for any medical service rendered under the        13,628       

program shall not exceed the authorized reimbursement level for    13,629       

the same service under the medicare program established under      13,630       

Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42  13,631       

U.S.C.A. 301, as amended.                                          13,632       

      (2)  Reimbursement for freestanding medical laboratory       13,634       

charges shall not exceed the customary and usual fee for           13,635       

laboratory profiles.                                               13,636       

      (3)  The department may deduct from payments for services    13,638       

rendered by a medicaid provider under the medical assistance       13,639       

program any amounts the provider owes the state as the result of   13,640       

incorrect medical assistance payments the department has made to   13,641       

the provider.                                                      13,642       

      (4)  The department may conduct final fiscal audits in       13,644       

accordance with the applicable requirements set forth in federal   13,645       

laws and regulations and determine any amounts the provider may    13,646       

owe the state.  When conducting final fiscal audits, the           13,647       

department shall consider generally accepted auditing standards,   13,648       

which include the use of statistical sampling.                     13,649       

      (5)  To the maximum extent that federal laws and             13,651       

regulations permit the implementation of such a policy, the        13,652       

department may institute a copayment program for all services      13,653       

provided under the medical assistance program.  The program shall  13,654       

be administered in accordance with the applicable requirements     13,655       

set forth in federal laws and regulations.                         13,656       

      (6)  The number of days of inpatient hospital care for       13,658       

which reimbursement is made on behalf of a recipient of medical    13,659       

assistance to a hospital that is not paid under a                  13,660       

diagnostic-related-group prospective payment system shall not      13,661       

exceed thirty days during a period beginning on the day of the     13,662       

recipient's admission to the hospital and ending sixty days after  13,663       

the termination of that hospital stay, except that the department  13,664       

may make exceptions to this limitation.  The limitation does not   13,665       

                                                          305    

                                                                 
apply to children participating in the program for medically       13,666       

handicapped children established under section 3701.023 of the     13,667       

Revised Code.                                                      13,668       

      (B)  The director of human services may adopt, amend, or     13,670       

rescind rules under Chapter 119. of the Revised Code establishing  13,671       

the amount, duration, and scope of medical services to be          13,672       

included in the medical assistance program.  Such rules shall      13,673       

establish the conditions under which services are covered and      13,674       

reimbursed, the method of reimbursement applicable to each         13,675       

covered service, and the amount of reimbursement or, in lieu of    13,676       

such amounts, methods by which such amounts are to be determined   13,677       

for each covered service.  Any rules that pertain to nursing       13,678       

facilities or intermediate care facilities for the mentally        13,679       

retarded shall be consistent with sections 5111.20 to 5111.33 of   13,680       

the Revised Code.                                                  13,681       

      (C)  No health maintenance organization INSURING             13,683       

CORPORATION that has a contract to provide health care services    13,685       

to recipients of medical assistance shall restrict the             13,686       

availability to its enrollees of any prescription drugs included   13,687       

in the Ohio medicaid drug formulary as established under rules of  13,688       

the department.                                                                 

      (D)  The division of any reimbursement between a             13,690       

collaborating physician or podiatrist and a clinical nurse         13,691       

specialist, certified nurse-midwife, or certified nurse            13,692       

practitioner for services performed by the nurse shall be          13,693       

determined and agreed on by the nurse and collaborating physician  13,694       

or podiatrist.  In no case shall reimbursement exceed the payment               

that the physician or podiatrist would have received had the       13,695       

physician or podiatrist provided the entire service.               13,697       

      Sec. 5111.17.  (A)  As used in this section,                 13,706       

"community-based clinic" means a clinic that provides prenatal,    13,707       

family planning, well child, or primary care services and is       13,708       

funded in whole or in part by the state or federal government.     13,709       

      (B)  On receipt of a waiver from the United States           13,711       

                                                          306    

                                                                 
department of health and human services of any federal             13,712       

requirement that would otherwise be violated, the department of    13,713       

human services shall establish in Franklin, Hamilton, and Lucas    13,714       

counties a managed care system under which designated recipients   13,715       

of medical assistance are required to obtain medical services      13,716       

from providers designated by the department.  The department may   13,717       

stagger implementation of the managed care system, but the system  13,718       

shall be implemented in at least one county not later than         13,719       

January 1, 1995, and in all three counties not later than July 1,  13,720       

1996.                                                                           

      (B)(C)  The department, by rule adopted under this section,  13,722       

may require any recipients in any other county to receive all or   13,723       

some of their care through managed care organizations that         13,724       

contract with the department and are paid by the department        13,725       

pursuant to a capitation or other risk-based methodology           13,726       

prescribed in the rules, and to receive their care only from       13,727       

providers designated by the organizations.                                      

      (C)(D)  In accordance with rules adopted under division      13,730       

(E)(G) of this section, the department may issue requests for      13,731       

proposals from managed care organizations interested in            13,732       

contracting with the department to provide managed care to                      

participating medical assistance recipients.                       13,733       

      (E)  A health maintenance organization INSURING CORPORATION  13,736       

under contract with the department under this section may enter    13,738       

into an agreement with any community-based clinic for the          13,739       

provision of medical services to medical assistance recipients                  

participating in the managed care system if the clinic is willing  13,740       

to accept the terms, conditions, and payment procedures            13,741       

established by the health maintenance organization INSURING        13,742       

CORPORATION.                                                                    

      (D)(F)  For the purpose of determining the amount the        13,744       

department pays hospitals under section 5112.08 of the Revised     13,746       

Code and the amount of disproportionate share hospital payments    13,747       

paid by the medicare program established under Title XVIII of the  13,748       

                                                          307    

                                                                 
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as    13,749       

amended, each managed care organization under contract with the    13,750       

department to provide managed care to participating medical                     

assistance recipients shall keep detailed records for each         13,751       

hospital with which it contracts about the cost to the hospital    13,752       

of providing the care, payments made by the organization to the    13,753       

hospital for the care, utilization of hospital services by         13,754       

medical assistance recipients participating in managed care, and                

other utilization data required by the department.                 13,755       

      (E)(G)  The department shall adopt rules in accordance with  13,757       

Chapter 119. of the Revised Code to implement this section.  The   13,759       

rules shall include all of the following:                          13,760       

      (1)  A monthly capitation or other risk-based payment rate   13,762       

system for managed care organizations under contract to provide    13,763       

managed care to participating medical assistance recipients;       13,765       

      (2)  The method by which the department will issue requests  13,767       

for proposals from managed care organizations interested in        13,768       

providing managed care to participating medical assistance         13,769       

recipients, including all of the following:                        13,770       

      (a)  Public notice of the department's intent to issue a     13,772       

request for proposals within a county;                             13,773       

      (b)  The process for managed care organizations to submit    13,775       

letters of interest;                                                            

      (c)  The procurement, selection, and implementation          13,777       

timetable within each county;                                      13,778       

      (d)  The time by which the department will furnish           13,780       

interested managed care organizations with demographic, cost, and  13,781       

utilization data about medical assistance recipients required or   13,782       

permitted to enroll in a managed care organization in a county.    13,783       

      (3)  Performance standards of managed care organizations     13,785       

under contract with the department governing all of the            13,786       

following:                                                                      

      (a)  Scope of coverage and benefits;                         13,788       

      (b)  Quality assurance performance indicators for services   13,790       

                                                          308    

                                                                 
including prenatal care, immunizations, screenings that are part   13,791       

of the early and periodic screening, diagnostic, and treatment     13,792       

program, and any other service specified by the department;        13,793       

      (c)  Service delivery system capacity;                       13,795       

      (d)  Reporting requirements;                                 13,797       

      (e)  Grievance and complaint procedures;                     13,799       

      (f)  Enrollment and disenrollment procedures;                13,801       

      (g)  Stop-loss arrangements;                                 13,803       

      (h)  Marketing;                                              13,805       

      (i)  Consumer and provider advisory councils;                13,807       

      (j)  Any other requirement established by the department.    13,809       

      (4)  A review process for any managed care organization      13,811       

that has submitted a proposal to have the department reconsider    13,812       

the denial of a contract under this section or termination of a    13,813       

contract entered into under this section;                                       

      (5)  Any other procedures or requirements the department     13,815       

considers necessary to implement managed care.                     13,816       

      Sec. 5111.171.  On receipt of a waiver from the United       13,825       

States department of health and human services of any federal      13,826       

requirement that would be violated by implementation of this       13,827       

section, the department shall establish a case management system   13,828       

to ensure that recipients of medical assistance under this         13,829       

chapter whose medical treatment and care is exceptionally          13,830       

expensive receive medical services in a cost-effective manner.     13,831       

Recipients identified by the department as being subject to this   13,832       

division shall comply with the requirements of the case            13,833       

management system as a condition of continued eligibility for      13,834       

medical assistance.  The department shall reimburse a hospital     13,835       

under the medical assistance program for emergency services        13,836       

covered by the medical assistance program provided to a medical    13,837       

assistance recipient pursuant to section 1867 of the "Social       13,838       

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1395dd, as         13,839       

amended, regardless of whether the hospital is participating in    13,840       

the case management system.                                        13,841       

                                                          309    

                                                                 
      A hospital's participation in the case management system     13,843       

does not prevent its participation in the hospital care assurance  13,844       

program established by sections 5112.01 to 5112.21 of the Revised  13,845       

Code unless the hospital is operated by a health maintenance       13,846       

organization INSURING CORPORATION.                                 13,847       

      Sec. 5111.19.  The department of human services shall adopt  13,856       

rules governing the calculation and payment of graduate medical    13,857       

education costs associated with services rendered to recipients    13,858       

of the medical assistance program after June 30, 1994.  The rules  13,859       

shall provide for reimbursement of graduate medical education      13,860       

costs associated with services rendered to medical assistance      13,861       

recipients, including recipients enrolled in health maintenance    13,862       

organizations INSURING CORPORATIONS, that the department           13,863       

determines are allowable and reasonable.                           13,865       

      If the department requires a health maintenance              13,867       

organization INSURING CORPORATION to pay a provider for graduate   13,868       

medical education costs associated with the delivery of services   13,870       

to medical assistance recipients enrolled in the organization      13,871       

CORPORATION, the department shall include in its payment to the    13,873       

organization CORPORATION an amount sufficient for the              13,875       

organization CORPORATION to pay such costs.  If the department     13,877       

does not include in its payments to the organization HEALTH        13,878       

INSURING CORPORATION amounts for graduate medical education costs  13,879       

of providers, all of the following apply:                          13,880       

      (A)  The department shall pay the provider for graduate      13,882       

medical education costs associated with the delivery of services   13,883       

to medical assistance recipients enrolled in the organization      13,884       

CORPORATION;                                                       13,885       

      (B)  No provider shall seek reimbursement from the           13,887       

organization CORPORATION for such costs;                           13,888       

      (C)  The organization CORPORATION is not required to pay     13,890       

providers for such costs.                                          13,892       

      Sec. 5111.74.  (A)  Not later than July 1, 1995, the         13,901       

department of human services shall establish a fair share          13,902       

                                                          310    

                                                                 
demonstration project in Butler county for two years.  The         13,903       

demonstration project shall be administered by the Butler county   13,904       

health care management board created under division (B) of this    13,905       

section.  In establishing the project, the department shall enter  13,906       

into an agreement with the board, which shall provide that         13,907       

medical assistance services be given to designated medical         13,908       

assistance recipients who elect or are required by the department  13,909       

to receive their services from or through the board or at least    13,910       

one other managed care arrangement designated and approved by the  13,911       

department.                                                                     

      The demonstration project shall demonstrate the viability    13,913       

of delivering health care services to Butler county medical        13,914       

assistance recipients through a cooperative health care            13,915       

purchasing plan involving the organization of a managed care       13,916       

network by physicians practicing medicine in Butler county and     13,917       

hospitals located there.  The demonstration project shall          13,918       

restructure the medical assistance delivery system to improve the  13,919       

delivery of cost effective, quality health care with an emphasis   13,920       

on primary and preventive care, and shall prevent cost shifting    13,921       

to the private sector.  The demonstration project shall            13,922       

demonstrate all of the following:                                  13,923       

      (1)  A cost savings through prevention, the use of           13,925       

appropriate levels of care, reduced administrative costs, and      13,926       

utilization of the demonstration project through primary provider  13,927       

reimbursement policies that encourage the delivery of primary and  13,928       

preventive care;                                                   13,929       

      (2)  The effectiveness of local collaboration and autonomy   13,931       

in managing medical assistance expenditures in Butler county;      13,932       

      (3)  Improved access to quality health care for Butler       13,934       

county's medical assistance recipients, while containing health    13,935       

care costs.                                                        13,936       

      The department shall make a grant of two hundred fifty       13,938       

thousand dollars to the board on its establishment for operating   13,939       

and project expenses.  These funds shall be transferred from the   13,940       

                                                          311    

                                                                 
department's medical assistance account.                           13,941       

      (B)(1)  There is hereby created the Butler county health     13,943       

care management board to administer the fair share demonstration   13,944       

project in that county.  The board shall consist of the county     13,945       

director of human services and the following members:              13,946       

      (a)  One representative of each hospital system located in   13,948       

Butler county, selected by the hospital;                           13,949       

      (b)  Two physicians who specialize in pediatrics; two        13,951       

family practice physicians; a physician who specializes in         13,952       

obstetrics; an emergency department physician; a primary care      13,953       

physician; a physician who is a medical specialist; a physician    13,954       

who is a surgical specialist; a psychiatrist; and one physician    13,955       

selected at large.  The physicians shall be selected by the        13,956       

county medical society or a similar organization of physicians in  13,957       

the county.                                                        13,958       

      (c)  A chiropractor selected by an association of            13,960       

chiropractors in the county;                                       13,961       

      (d)  A licensed registered nurse who is an advanced          13,963       

practice nurse selected by an organization of nurses in the        13,964       

county;                                                            13,965       

      (e)  A dentist selected by an organization of dentists in    13,967       

the county;                                                        13,968       

      (f)  An optometrist selected by an organization of           13,970       

optometrists in the county;                                        13,971       

      (g)  A psychologist selected by an organization of           13,973       

psychologists in the county;                                       13,974       

      (h)  A representative of child and family health services    13,976       

clinics selected by the child health service consortium of Butler  13,977       

county;                                                            13,978       

      (i)  A podiatrist selected by an organization of             13,980       

podiatrists in the county.                                         13,981       

      (2)  All members of the board shall be selected on the       13,983       

basis of their experience with the delivery of health care         13,984       

services to medical assistance recipients.  If more than one       13,985       

                                                          312    

                                                                 
physician is to be selected from a specialty area, the order of    13,986       

preference for determining board membership shall first be those   13,987       

physicians that have significant experience in providing health    13,988       

care services to medical assistance recipients.                    13,989       

      (3)  Each member of the board shall serve for the duration   13,991       

of the demonstration project.  In the event of a vacancy on the    13,992       

board, a member shall be selected in the same manner as the        13,993       

member he replaces REPLACED.  Members shall not be compensated,    13,995       

but may be reimbursed by the board for their actual and necessary  13,996       

expenses.  A majority of the members constitutes a quorum, and     13,997       

the board may take official action only by affirmative vote of a   13,998       

quorum.                                                                         

      (4)  Not later than thirty days after July 1, 1993, the      14,000       

representatives of the hospital systems in Butler county shall     14,002       

select a temporary chairman CHAIRPERSON, who shall convene the     14,004       

board not later than ninety days after July 1, 1993.  Once                      

convened, the board shall elect a chairman CHAIRPERSON by a        14,006       

majority vote from among its members, and all further meetings     14,008       

shall be convened by the chairman CHAIRPERSON.  The board may      14,010       

elect officers and shall establish rules and procedures for its    14,011       

governance and a schedule of meetings.  The board may establish    14,012       

an executive committee and such other subcommittees as it          14,013       

determines necessary to act on behalf of the board.  The county    14,014       

department shall provide the board with any clerical,                           

professional, or technical assistance it requests.                 14,015       

      (C)  The Butler county health care management board shall    14,017       

develop and implement a plan for the fair share demonstration      14,018       

project.  The board shall establish educational and case           14,019       

management programs as it determines necessary to facilitate       14,020       

access to and encourage appropriate utilization of essential       14,021       

preventive medicine and primary care services.  The board shall    14,022       

have limited immunity from antitrust actions in developing and     14,023       

implementing the project.  The board shall apply for a             14,024       

certificate of authority to establish and operate a health         14,025       

                                                          313    

                                                                 
maintenance organization INSURING CORPORATION under Chapter 1742.  14,027       

1751. of the Revised Code.  On application of the board, the       14,028       

superintendent of insurance shall issue a certificate of           14,029       

authority to the board for a two-year period, notwithstanding the  14,030       

fact that the board may not meet the requirements of Chapter       14,031       

1742. 1751. of the Revised Code.  The certificate of authority     14,033       

shall be void if the agreement with the department is not          14,034       

executed.  The superintendent shall retain powers and duties       14,035       

under Chapter 3903. of the Revised Code with regard to the Butler  14,036       

county health care management board and the demonstration          14,037       

project.                                                                        

      The board may do any of the following:                       14,039       

      (1)  Enter into contracts with any person organized to do    14,041       

business in this state on behalf of the board;                     14,042       

      (2)  Accept and spend donations, grants, and other funds     14,044       

received by the board;                                             14,045       

      (3)  Employ personnel and professionals that may be needed   14,047       

to assess the feasibility and to develop the demonstration         14,048       

project;                                                           14,049       

      (4)  Establish provider agreements in Butler county that     14,051       

will organize a managed health care delivery system for medical    14,052       

assistance recipients and will establish provider reimbursement    14,053       

policies to encourage the delivery of primary health care          14,054       

services;                                                          14,055       

      (5)  Monitor the quality of health care delivered to         14,057       

medical assistance recipients in Butler county;                    14,058       

      (6)  Establish provider agreements with physicians and       14,060       

other health care practitioners that set forth the terms,          14,061       

conditions, and payment procedures for the provision of health     14,062       

care services to medical assistance recipients.  Any provider      14,063       

willing to accept such terms and conditions shall be eligible for  14,064       

participation in the project.                                      14,065       

      (7)  Establish, in cooperation with the county medical       14,067       

society, voluntary participation guidelines for the project for    14,068       

                                                          314    

                                                                 
physicians in Butler county to ensure that they provide health     14,069       

care services to their fair share of medical assistance            14,070       

recipients in the county.  Such guidelines shall be communicated   14,071       

to all medical providers providing services in Butler county.      14,072       

      (8)  Require that all medical assistance recipients, other   14,074       

than those described in division (A)(2) of section 5111.01 of the  14,075       

Revised Code, who elect or are required by the department to       14,076       

receive their medical assistance services through the board        14,077       

choose a physician who is participating in the demonstration       14,079       

project to provide all health care services to the recipient, and  14,080       

adopt standards for changing physicians, including disenrollment   14,081       

as provided by federal law;                                                     

      (9)  So long as it is consistent with federal law,           14,083       

establish a co-pay system for the following:                       14,084       

      (a)  Provision of medical services under the demonstration   14,086       

project;                                                           14,087       

      (b)  Inappropriate utilization of medical services;          14,089       

      (c)  Over-utilization of medical services;                   14,091       

      (d)  Failure of a medical assistance recipient to appear     14,093       

for a scheduled medical appointment.                               14,094       

      (10)  Enter into agreements with the board of nursing        14,096       

authorizing advanced practice nurses, certified nurse              14,098       

practitioners, clinical nurse specialists, and certified           14,099       

nurse-midwives in Butler county to have prescription powers and    14,101       

perform primary care services in collaboration with or under the                

supervision of a physician or podiatrist in accordance with        14,103       

division (D) of this section;                                      14,105       

      (11)  Enter into agreements with the state medical board     14,107       

authorizing physician assistants in Butler county to have          14,108       

prescription powers and perform primary care services under the    14,109       

general supervision and authority of a physician in accordance     14,110       

with division (D) of this section.;                                             

      (12)  Assign medical assistance recipients, other than       14,112       

those described in division (A)(2) of section 5111.01 of the       14,113       

                                                          315    

                                                                 
Revised Code, who elect or are required by the department to       14,114       

receive their medical assistance services through the board, to    14,115       

providers who have entered into provider agreements with the       14,117       

board.                                                                          

      (D)  The Butler county health care management board shall    14,119       

pass a resolution by a majority vote establishing the terms and    14,120       

conditions under which the scope of practice of advanced practice  14,121       

nurses, certified nurse practitioners, clinical nurse              14,122       

specialists, certified nurse-midwives, and physician assistants    14,123       

in Butler county may be expanded.  The expansion of practice for   14,125       

advanced practice nurses shall comply with section 4723.56 of the  14,126       

Revised Code.  The expansion of practice for certified nurse       14,128       

practitioners, clinical nurse specialists, and certified                        

nurse-midwives shall comply with Chapter 4723. of the Revised      14,129       

Code.  The expansion of practice for physician assistants shall    14,131       

comply with sections 4730.06 and 4730.07 of the Revised Code.      14,132       

The resolution shall be sent to the board of nursing and the Ohio  14,133       

state medical board with a request that the scope of practice of   14,134       

the practitioners be amended in accordance with the resolution.    14,135       

On receipt of the resolution and request, the board of nursing     14,136       

and the Ohio state medical board shall, without amendment, adopt   14,137       

rules establishing the terms and conditions for expansion of the   14,138       

scope of practice of advanced practice nurses, certified nurse     14,139       

practitioners, clinical nurse specialists, certified               14,140       

nurse-midwives, and physician assistants in Butler county in       14,142       

accordance with the resolution.  Such rules shall apply only to    14,143       

such practitioners performing their duties in Butler county in     14,144       

conjunction with and in accordance with the fair share             14,145       

demonstration project.                                                          

      (E)  The department of human services may negotiate and      14,147       

enter into an agreement with the board establishing a              14,148       

comprehensive capitated fee for purposes of delivering health      14,149       

care services to persons receiving benefits under Chapter 5107.    14,150       

and section 5111.013 of the Revised Code, if the department        14,151       

                                                          316    

                                                                 
obtains a waiver from the secretary of the United States           14,152       

department of health and human services of any federal regulation  14,153       

that would prohibit or restrict the use of federal funds.  The     14,154       

department may include those persons described in division (A)(2)  14,155       

of section 5111.01 of the Revised Code in the project as it        14,156       

considers necessary.  The capitated fee shall be based on          14,157       

historic and expected utilization of the medical assistance        14,158       

program by the Butler county medical assistance population,        14,159       

adjusted by the current inflation rate, and shall be sufficient    14,160       

to ensure that all Butler county primary care physicians           14,161       

participating in the demonstration project are reimbursed for      14,162       

office visits at a rate of not less than thirty dollars per        14,163       

patient during the first year of the project, and not less than    14,164       

thirty-five dollars per patient for the second year of the         14,165       

project.  Any savings of state funds the department of human       14,166       

services receives as the result of the demonstration project       14,167       

shall be distributed as follows:                                   14,168       

      (1)  One-third of the savings to Butler county for           14,170       

children's health programs;                                        14,171       

      (2)  One-third of the savings to the department of human     14,173       

services;                                                          14,174       

      (3)  One-third of the savings to providers participating in  14,176       

the demonstration project.                                         14,177       

      (F)  All provider agreements or any contracts entered into   14,179       

or negotiated by the board shall be exempt from any contract       14,180       

provision contained in a contract between medical providers and    14,181       

health insurers or indemnity insurers licensed to do business in   14,182       

this state that provides for a lower payment for the services.     14,184       

      (G)  The Butler county health care management board shall,   14,186       

at the end of each year of the demonstration project, issue a      14,187       

report listing every medical provider practicing in Butler         14,188       

county, the degree to which such provider has participated in the  14,189       

demonstration project, and the extent to which such provider has   14,190       

met the voluntary guidelines adopted by the board under division   14,191       

                                                          317    

                                                                 
(C)(7) of this section.                                            14,192       

      (H)  The department of human services shall apply for any    14,194       

federal waiver needed to implement the Butler county fair share    14,195       

demonstration project.                                             14,196       

      Sec. 5115.10.  (A)  The disability assistance medical        14,205       

assistance program shall consist of a system of managed primary    14,206       

care.  Until July 1, 1992, the program shall also include limited  14,207       

hospital services, except that if prior to that date hospitals     14,208       

are required by section 5112.17 of the Revised Code to provide     14,209       

medical services without charge to persons specified in that       14,210       

section, the program shall cease to include hospital services at   14,211       

the time the requirement of section 5112.17 of the Revised Code    14,212       

takes effect.                                                      14,213       

      The state department of human services may require           14,215       

disability assistance medical assistance recipients to enroll in   14,216       

health maintenance organizations, preferred provider               14,218       

organizations, INSURING CORPORATIONS or other managed care         14,219       

programs, or may limit the number or type of health care           14,221       

providers from which a recipient may receive services.             14,222       

      The state department shall adopt rules governing the         14,224       

disability assistance medical assistance program established       14,225       

under this division.  The rules shall specify all of the           14,226       

following:                                                         14,227       

      (1)  Services that will be provided under the system of      14,229       

managed primary care;                                              14,230       

      (2)  Hospital services that will be provided during the      14,232       

period that hospital services are provided under the program;      14,233       

      (3)  The maximum authorized amount, scope, duration, or      14,235       

limit of payment for services.                                     14,236       

      (B)  The director of human services shall designate medical  14,238       

services providers for the disability assistance medical           14,239       

assistance program.  The first such designation shall be made not  14,240       

later than September 30, 1991.  Services under the program shall   14,241       

be provided only by providers designated by the director.  The     14,242       

                                                          318    

                                                                 
director may require that, as a condition of being designated a    14,243       

disability assistance medical assistance provider, a provider      14,244       

enter into a provider agreement with the state department.         14,245       

      (C)  As long as the disability assistance medical            14,247       

assistance program continues to include hospital services, the     14,248       

state department or a county director of human services may,       14,249       

pursuant to rules adopted by the state department under this       14,250       

section, approve an application for disability assistance medical  14,251       

assistance for emergency inpatient hospital services when care     14,252       

has been given to a person who had not completed a sworn           14,253       

application for disability assistance at the time the care was     14,254       

rendered, if all of the following apply:                           14,255       

      (1)  The person files an application for disability          14,257       

assistance within sixty days after being discharged from the       14,258       

hospital or, if the conditions of division (D) of this section     14,259       

are met, while in the hospital;                                    14,260       

      (2)  The person met all eligibility requirements for         14,262       

disability assistance at the time the care was rendered;           14,263       

      (3)  The care given to the person was a medical service      14,265       

within the scope of disability assistance medical assistance as    14,266       

established under rules adopted by the department of human         14,267       

services.                                                          14,268       

      (D)  If a person files an application for disability         14,270       

assistance medical assistance for emergency inpatient hospital     14,271       

services while in the hospital, a face-to-face interview shall be  14,272       

conducted with the applicant while he THE APPLICANT is in the      14,273       

hospital to determine whether he THE APPLICANT is eligible for     14,275       

the assistance.  If the hospital agrees to reimburse the county    14,277       

department of human services for all actual costs incurred by the  14,278       

department in conducting the interview, the interview shall be     14,279       

conducted by an employee of the county department.  If, at the     14,280       

request of the hospital, the county department designates an       14,281       

employee of the hospital to conduct the interview, the interview   14,282       

shall be conducted by the hospital employee.                       14,283       

                                                          319    

                                                                 
      (E)  The state department of human services may assume       14,285       

responsibility for peer review of expenditures for disability      14,286       

assistance medical assistance.                                     14,287       

      Sec. 5119.01.  The director of mental health is the chief    14,300       

executive and administrative officer of the department of mental   14,301       

health.  The director may establish procedures for the governance  14,302       

of the department, conduct of its employees and officers,          14,303       

performance of its business, and custody, use, and preservation    14,304       

of departmental records, papers, books, documents, and property.   14,305       

Whenever the Revised Code imposes a duty upon or requires an       14,306       

action of the department or any of its institutions, the director  14,307       

shall perform the action or duty in the name of the department,    14,308       

except that the medical director appointed pursuant to section     14,309       

5119.07 of the Revised Code shall be responsible for decisions     14,310       

relating to medical diagnosis, treatment, rehabilitation, quality  14,311       

assurance, and the clinical aspects of the following:  licensure   14,312       

of hospitals and residential facilities, research, community       14,313       

mental health plans, and delivery of mental health services.       14,314       

      The director shall:                                          14,316       

      (A)  Adopt rules for the proper execution of the powers and  14,318       

duties of the department with respect to the institutions under    14,319       

its control, and require the performance of additional duties by   14,320       

the officers of the institutions as necessary to fully meet the    14,321       

requirements, intents, and purposes of this chapter.  In case of   14,322       

an apparent conflict between the powers conferred upon any         14,323       

managing officer and those conferred by such sections upon the     14,324       

department, the presumption shall be conclusive in favor of the    14,325       

department.                                                        14,326       

      (B)  Adopt rules for the nonpartisan management of the       14,328       

institutions under the department's control.  An officer or        14,329       

employee of the department or any officer or employee of any       14,331       

institution under its control who, by solicitation or otherwise,   14,332       

exerts influence directly or indirectly to induce any other        14,333       

officer or employee of the department or any of its institutions   14,334       

                                                          320    

                                                                 
to adopt the exerting officer's or employee's political views or   14,335       

to favor any particular person, issue, or candidate for office     14,337       

shall be removed from the exerting officer's or employee's office  14,338       

or position, by the department in case of an officer or employee,  14,339       

and by the governor in case of the director.                       14,340       

      (C)  Appoint such employees, including the medical           14,342       

director, as are necessary for the efficient conduct of the        14,343       

department, and prescribe their titles and duties;                 14,344       

      (D)  Prescribe the forms of affidavits, applications,        14,346       

medical certificates, orders of hospitalization and release, and   14,347       

all other forms, reports, and records that are required in the     14,348       

hospitalization or admission and release of all persons to the     14,349       

institutions under the control of the department, or are           14,350       

otherwise required under this chapter or Chapter 5122. of the      14,351       

Revised Code;                                                      14,352       

      (E)  Contract with hospitals licensed by the department      14,354       

under section 5119.20 of the Revised Code for the care and         14,355       

treatment of mentally ill patients, or with persons,               14,356       

organizations, or agencies for the custody, supervision, care, or  14,357       

treatment of mentally ill persons receiving services elsewhere     14,358       

than within the enclosure of a hospital operated under section     14,359       

5119.02 of the Revised Code;                                       14,360       

      (F)  Exercise the powers and perform the duties relating to  14,362       

community mental health facilities and services that are assigned  14,363       

to the director under this chapter and Chapter 340. of the         14,364       

Revised Code;                                                      14,365       

      (G)  Adopt rules under Chapter 119. of the Revised Code for  14,367       

the establishment of minimum standards, including standards for    14,368       

use of seclusion and restraint, of mental health services that     14,369       

are not inconsistent with nationally recognized applicable         14,370       

standards and that facilitate participation in federal assistance  14,371       

programs;                                                          14,372       

      (H)  Develop and implement clinical evaluation and           14,374       

monitoring of services that are operated by the department;        14,375       

                                                          321    

                                                                 
      (I)  At the director's discretion, adopt rules establishing  14,377       

standards for the adequacy of services provided by community       14,379       

mental health facilities, and certify the compliance of such       14,380       

facilities with the standards for the purpose of authorizing       14,381       

their participation in the health care plans of medical care       14,382       

corporations under Chapter 1737., health care INSURING             14,383       

corporations under Chapter 1738., 1751. and sickness and accident  14,385       

insurance policies issued under Chapter 3923. of the Revised       14,386       

Code;                                                                           

      (J)  Adopt rules establishing standards for the performance  14,388       

of evaluations by a forensic center or other psychiatric program   14,389       

or facility of the mental condition of defendants ordered by the   14,390       

court under section 2919.271, or 2945.371 of the Revised Code,     14,392       

and for the treatment of defendants who have been found            14,393       

incompetent to stand trial and ordered by the court under section  14,394       

2945.38, 2945.39, 2945.401, or 2945.402 of the Revised Code to                  

receive treatment in facilities;                                   14,395       

      (K)  On behalf of the department, have the authority and     14,397       

responsibility for entering into contracts and other agreements;   14,398       

      (L)  Prepare and publish regularly a state mental health     14,400       

plan that describes the department's philosophy, current           14,401       

activities, and long-term and short-term goals and activities.;    14,402       

      (M)  Adopt rules in accordance with Chapter 119. of the      14,404       

Revised Code specifying the supplemental services that may be      14,405       

provided through a trust authorized by section 1339.51 of the      14,406       

Revised Code;                                                      14,407       

      (N)  Adopt rules in accordance with Chapter 119. of the      14,409       

Revised Code establishing standards for the maintenance and        14,410       

distribution to a beneficiary of assets of a trust authorized by   14,411       

section 1339.51 of the Revised Code;                               14,412       

      (O)  As used in division (I) of this section:                14,414       

      (1)  "Community mental health facility" means a facility     14,416       

that provides community mental health services and is included in  14,418       

the community mental health plan for the alcohol, drug addiction,  14,419       

                                                          322    

                                                                 
and mental health service district in which it is located.         14,420       

      (2)  "Community mental health service" means services,       14,422       

other than inpatient services, provided by a community mental      14,423       

health facility.                                                   14,424       

      Sec. 5119.202.  No third-party payer shall directly or       14,434       

indirectly reimburse, nor shall any person be obligated to pay     14,435       

any hospital for psychiatric services for which a license is       14,436       

required under section 5119.20 of the Revised Code unless the      14,437       

hospital is licensed by the department of mental health.                        

      As used in this section, "third-party payer" means a         14,439       

medical care corporation licensed under Chapter 1737. of the       14,441       

Revised Code, a health care INSURING corporation licensed under    14,443       

Chapter 1738. 1751. of the Revised Code, an insurance company      14,444       

that issues sickness and accident insurance in conformity with     14,445       

Chapter 3923. of the Revised Code, a state-financed health         14,446       

insurance program under Chapter 3701., 4123., or 5101. of the      14,447       

Revised Code, or any self-insurance plan.                                       

      Sec. 5505.28.  (A)  The state highway patrol retirement      14,456       

board may enter into an agreement with insurance companies,        14,457       

medical or health care INSURING corporations, health maintenance   14,459       

organizations, or government agencies authorized to do business    14,460       

in the state for issuance of a policy or contract of health,       14,461       

medical, hospital, or surgical benefits, or any combination        14,462       

thereof, for those persons receiving pensions and subscribing to   14,464       

the plan.  Notwithstanding any other provision of this chapter,    14,465       

the policy or contract may also include coverage for any eligible  14,466       

individual's spouse and dependent children and for any of the      14,468       

individual's sponsored dependents as the board considers           14,469       

appropriate.                                                                    

      If all or any portion of the policy or contract premium is   14,471       

to be paid by any individual receiving a service, disability, or   14,473       

survivor pension or benefit, the individual shall, by written      14,475       

authorization, instruct the board to deduct from the individual's  14,477       

pension or benefit the premium agreed to be paid by the            14,478       

                                                          323    

                                                                 
individual to the company, corporation, or agency.                 14,480       

      The board may contract for coverage on the basis of part or  14,483       

all of the cost of the coverage to be paid from appropriate funds  14,484       

of the state highway patrol retirement system.  The cost paid      14,485       

from the funds of the system shall be included in the employer's   14,487       

contribution rate as provided by section 5505.15 of the Revised    14,488       

Code.                                                                           

      (B)  If the board provides health, medical, hospital, or     14,490       

surgical benefits through any means other than a health            14,491       

maintenance organization INSURING CORPORATION, it shall offer to   14,492       

each individual eligible for the benefits the alternative of       14,495       

receiving benefits through enrollment in a health maintenance      14,497       

organization INSURING CORPORATION, if all of the following apply:  14,499       

      (1)  The health maintenance organization INSURING            14,501       

CORPORATION provides HEALTH CARE services in the geographical      14,503       

area in which the individual lives;                                14,504       

      (2)  The eligible individual was receiving health care       14,506       

benefits through a health maintenance organization OR A HEALTH     14,508       

INSURING CORPORATION before retirement;                            14,509       

      (3)  The rate and coverage provided by the health            14,511       

maintenance organization INSURING CORPORATION to eligible          14,512       

individuals is comparable to that currently provided by the board  14,515       

under division (A) of this section.  If the rate or coverage       14,516       

provided by the health maintenance organization INSURING           14,517       

CORPORATION is not comparable to that currently provided by the    14,519       

board under division (A) of this section, the board may deduct     14,520       

the additional cost from the eligible individual's monthly         14,522       

benefit.                                                                        

      The health maintenance organization INSURING CORPORATION     14,524       

shall accept as an enrollee any eligible individual who requests   14,526       

enrollment.                                                                     

      The board shall permit each eligible individual to change    14,528       

from one plan to another at least once a year at a time            14,530       

determined by the board.                                           14,531       

                                                          324    

                                                                 
      (C)  The board shall, beginning the month following receipt  14,533       

of satisfactory evidence of the payment for coverage, pay monthly  14,534       

to each recipient of a pension under the state highway patrol      14,536       

retirement system who is eligible for medical insurance coverage   14,537       

under part B of "The Social Security Amendments of 1965," 79       14,538       

Stat. 301, 42 U.S.C.A.  1395j, as amended, the lesser of an        14,539       

amount equal to the basic premium for such coverage or an amount   14,541       

equal to the basic premium for such coverage in effect on January  14,543       

1, 1994.                                                                        

      (D)  The board shall establish by rule requirements for the  14,545       

coordination of any coverage, payment, or benefit provided under   14,547       

this section with any similar coverage, payment, or benefit made   14,548       

available to the same individual by the public employees           14,549       

retirement system, police and firemen's disability and pension     14,550       

fund, state teachers retirement system, or school employees        14,551       

retirement system.                                                 14,552       

      (E)  The board shall make all other necessary rules          14,554       

pursuant to the purpose and intent of this section.                14,555       

      Sec. 5505.33.  (A)  As used in this section:                 14,564       

      (1)  "Long-term care insurance" has the same meaning as in   14,566       

section 3923.41 of the Revised Code.                               14,567       

      (2)  "Retirement systems" has the same meaning as in         14,569       

division (A) of section 145.581 of the Revised Code.               14,570       

      (B)  The state highway patrol retirement board shall         14,572       

establish a program under which members of the retirement system,  14,573       

employers on behalf of members, and persons receiving service or   14,574       

disability pensions or survivor benefits are permitted to          14,575       

participate in contracts for long-term care insurance.             14,576       

Participation may include dependents and family members.  If a     14,577       

participant in a contract for long-term care insurance leaves his  14,578       

employment, he THE PERSON and his THE PERSON'S dependents and      14,580       

family members may, at their election, continue to participate in  14,581       

a program established under this section in the same manner as if  14,582       

he THE PERSON had not left his employment, except that no part of  14,584       

                                                          325    

                                                                 
the cost of the insurance shall be paid by his THE PERSON'S        14,585       

former employer.  Such program may be established independently    14,587       

or jointly with one or more of the retirement systems.             14,588       

      (C)  The board may enter into an agreement with insurance    14,590       

companies, medical or health care INSURING corporations, health    14,592       

maintenance organizations, or government agencies authorized to    14,593       

do business in the state for issuance of a long-term care          14,594       

insurance policy or contract.   However, prior to entering into    14,595       

such an agreement with an insurance company, medical or health     14,596       

care INSURING corporation, or health maintenance organization,     14,598       

the board shall request the superintendent of insurance to         14,599       

certify the financial condition of the company, OR corporation,    14,600       

or organization.  The board shall not enter into the agreement     14,602       

if, according to that certification, the company, OR corporation,  14,603       

or organization is insolvent, is determined by the superintendent  14,605       

to be potentially unable to fulfill its contractual obligations,   14,606       

or is placed under an order of rehabilitation or conservation by   14,607       

a court of competent jurisdiction or under an order of             14,608       

supervision by the superintendent.                                 14,609       

      (D)  The board shall adopt rules in accordance with section  14,611       

111.15 of the Revised Code governing the program.  The rules       14,612       

shall establish methods of payment for participation under this    14,613       

section, which may include establishment of a payroll deduction    14,614       

plan under section 5505.203 of the Revised Code, deduction of the  14,615       

full premium charged from a person's service or disability         14,616       

pension or survivor benefit, or any other method of payment        14,617       

considered appropriate by the board.  If the program is            14,618       

established jointly with one or more of the other retirement       14,619       

systems, the rules also shall establish the terms and conditions   14,620       

of such joint participation.                                       14,621       

      Sec. 5923.051.  Notwithstanding any collective bargaining    14,630       

agreement or other agreement or law to the contrary, the state     14,631       

and any agency, authority, commission, or board thereof, shall,    14,632       

at the request of any person employed by the entity who is called  14,633       

                                                          326    

                                                                 
to active duty as specified in division (B) of section 5923.05 of  14,634       

the Revised Code, or at the request of the spouse or dependent of  14,635       

that person, continue or reactivate the health, medical,           14,636       

hospital, dental, vision, and surgical benefits coverage, whether  14,637       

provided by an insurance company, medical care corporation,        14,638       

health care INSURING corporation, health maintenance               14,639       

organization, or other health plan or entity, of that person for   14,641       

the duration of the time the person is on active duty as           14,642       

described in that division.  The person or the spouse or           14,643       

dependent thereof who requests the continuation or reactivation    14,644       

of the coverage and the employing state or agency, authority,      14,645       

commission, or board thereof, each are liable for payment of the   14,646       

same costs for the coverage as if the person were not on a leave   14,647       

of absence.                                                                     

      Section 2.  That existing sections 101.271, 124.81, 124.82,  14,649       

124.822, 124.84, 124.841, 124.92, 124.93, 145.58, 145.581,         14,650       

305.171, 306.48, 307.86, 339.16, 351.08, 505.60, 742.45, 742.53,   14,651       

1319.12, 1337.16, 1545.071, 1731.01, 1731.06, 1739.05, 1901.111,   14,652       

1901.312, 2133.12, 2305.25, 2913.47, 3105.71, 3111.241, 3113.217,  14,653       

3307.74, 3307.741, 3309.69, 3309.691, 3313.202, 3375.40, 3381.14,  14,654       

3501.141, 3701.24, 3701.76, 3702.51, 3702.62, 3709.16, 3729.12,    14,655       

3901.04, 3901.041, 3901.043, 3901.071, 3901.16, 3901.19, 3901.31,  14,656       

3901.32, 3901.38, 3901.40, 3901.41, 3901.48, 3901.72, 3902.01,     14,657       

3902.02, 3902.11, 3902.13, 3904.01, 3905.71, 3923.123, 3923.30,    14,658       

3923.301, 3923.33, 3923.333, 3923.38, 3923.382, 3923.41, 3923.51,  14,659       

3923.54, 3923.58, 3924.01, 3924.02, 3924.08, 3924.10, 3924.12,     14,660       

3924.13, 3924.41, 3924.61, 3924.62, 3924.64, 3924.73, 3929.77,     14,662       

3956.01, 3959.01, 3999.32, 3999.36, 4582.041, 4582.29, 4715.02,    14,663       

4719.01, 4729.381, 4731.67, 5111.02, 5111.17, 5111.171, 5111.19,                

5111.74, 5115.10, 5119.01, 5119.202, 5505.28, 5505.33, and         14,665       

5923.051 and sections 1736.01, 1736.02, 1736.03, 1736.04,                       

1736.05, 1736.06, 1736.07, 1736.08, 1736.09, 1736.10, 1736.11,     14,666       

1736.12, 1736.13, 1736.14, 1736.15, 1736.16, 1736.17, 1736.18,     14,667       

1736.19, 1736.20, 1736.21, 1736.22, 1736.23, 1736.24, 1736.25,     14,668       

                                                          327    

                                                                 
1736.26, 1736.27, 1736.28, 1737.01, 1737.02, 1737.03, 1737.04,     14,669       

1737.05, 1737.06, 1737.07, 1737.08, 1737.09, 1737.10, 1737.11,     14,670       

1737.12, 1737.13, 1737.14, 1737.15, 1737.16, 1737.17, 1737.18,     14,671       

1737.19, 1737.20, 1737.21, 1737.22, 1737.23, 1737.24, 1737.25,     14,672       

1737.26, 1737.27, 1737.28, 1737.29, 1737.30, 1737.301, 1737.31,    14,673       

1737.32, 1737.99, 1738.01, 1738.02, 1738.03, 1738.04, 1738.05,     14,674       

1738.06, 1738.07, 1738.08, 1738.09, 1738.10, 1738.11, 1738.12,     14,675       

1738.13, 1738.14, 1738.15, 1738.16, 1738.17, 1738.18, 1738.19,     14,676       

1738.20, 1738.21, 1738.22, 1738.23, 1738.24, 1738.25, 1738.26,     14,677       

1738.261, 1738.27, 1738.28, 1738.29, 1738.30, 1738.99, 1740.01,    14,678       

1740.02, 1740.03, 1740.04, 1740.05, 1740.06, 1740.07, 1740.08,     14,679       

1740.09, 1740.10, 1740.11, 1740.12, 1740.13, 1740.14, 1740.15,     14,680       

1740.16, 1740.17, 1740.18, 1740.19, 1740.20, 1740.21, 1740.22,     14,681       

1740.23, 1740.24, 1740.25, 1740.26, 1740.99, 1742.01, 1742.02,     14,682       

1742.03, 1742.04, 1742.05, 1742.06, 1742.07, 1742.08, 1742.09,     14,683       

1742.10, 1742.11, 1742.12, 1742.13, 1742.131, 1742.14, 1742.141,   14,684       

1742.15, 1742.151, 1742.16, 1742.17, 1742.171, 1742.18, 1742.19,   14,685       

1742.20, 1742.21, 1742.22, 1742.23, 1742.24, 1742.25, 1742.26,     14,686       

1742.27, 1742.28, 1742.29, 1742.30, 1742.301, 1742.31, 1742.32,    14,687       

1742.33, 1742.34, 1742.341, 1742.35, 1742.36, 1742.37, 1742.38,    14,688       

1742.39, 1742.40, 1742.41, 1742.42, 1742.43, 1742.44, and 1742.45  14,689       

of the Revised Code are hereby repealed.                           14,690       

      Section 3.  (A)  The certificate of authority of every       14,692       

prepaid dental plan organization, health care corporation, dental  14,693       

care corporation, and health maintenance organization licensed to  14,695       

operate under Chapter 1736., 1738., 1740., or 1742. of the         14,697       

Revised Code, respectively, shall renew, by operation of law, on                

January 1, 1998, as a certificate of authority to operate under    14,700       

Chapter 1751. of the Revised Code.  All assets and liabilities of  14,701       

the prepaid dental plan organization, health care corporation,     14,702       

dental care corporation, or health maintenance organization,       14,703       

including all obligations under subscriber contracts delivered,    14,704       

issued for delivery, or renewed prior to the effective date of     14,705       

this section, shall be assumed by the successor entity.  Except    14,706       

                                                          328    

                                                                 
as otherwise provided in division (B) of this section, such        14,707       

entity shall, no later than January 1, 1998, comply with Chapter   14,708       

1751. of the Revised Code.                                         14,709       

      (B)(1)  Each entity described in division (A) of this        14,711       

section shall do both of the following:                            14,712       

      (a)  Comply with sections 1751.19 and 1751.26 of the         14,715       

Revised Code no later than six months after the effective date of               

this section.                                                      14,716       

      (b)  Comply with section 1751.28 of the Revised Code by      14,719       

making annual deposits with the Superintendent of Insurance, no    14,720       

later than the first day of January of each year, for up to three  14,721       

years, beginning the first day of January immediately following    14,722       

the effective date of this section.                                14,723       

      (2)  Every contract delivered, issued for delivery, or       14,725       

renewed by an entity described in division (A) of this section     14,726       

prior to the effective date of this section shall comply with      14,727       

section 1751.13 of the Revised Code no later than the contract's   14,729       

first renewal date after the first day of January immediately      14,730       

following the effective date of this section.                      14,732       

      (3)  Every contract delivered, issued for delivery, or       14,735       

renewed by an entity described in division (A) of this section     14,736       

prior to the effective date of this section shall comply with      14,737       

section 1751.31 of the Revised Code no later than three months     14,738       

after the effective date of this section.                          14,739       

      (4)  An entity described in division (A) of this section     14,741       

may comply with section 1751.27 of the Revised Code by making      14,742       

annual deposits with the Superintendent of Insurance, not later    14,743       

than the first day of January of each year, for up to three years  14,744       

beginning the first day of January immediately following the       14,745       

effective date of this section.  An equal amount shall be          14,746       

deposited each year until the total amount required under section  14,747       

1751.27 of the Revised Code has been deposited.                    14,748       

      Section 4.  On and after the effective date of this          14,750       

section, the Department of Insurance shall no longer accept new    14,751       

                                                          329    

                                                                 
applications for certificates of authority to operate under        14,752       

Chapter 1736., 1737., 1738., 1740., or 1742. of the Revised Code,  14,753       

and shall not issue any such certificates of authority.  Any such  14,754       

application received by the Department of Insurance that is        14,755       

pending on the effective date of this section shall be considered  14,756       

an application for a certificate of authority to operate under     14,757       

Chapter 1751. of the Revised Code, and the review period for that  14,758       

application shall begin to run on the effective date of this       14,759       

section.                                                                        

      Section 5.  The member of the Board of Directors of the      14,761       

Ohio Small Employer Health Reinsurance Program who, on the         14,762       

effective date of this section, is serving pursuant to section     14,763       

3924.08 of the Revised Code as the member carrier that is a        14,764       

health maintenance organization predominantly in the small         14,765       

employer market, shall continue in office until the end of the     14,766       

term for which the member was appointed.  Thereafter, that         14,767       

appointment shall be filled by a member carrier that is a health   14,768       

insuring corporation predominantly in the small employer market.   14,769       

      Section 6.  Section 1751.64 of the Revised Code is hereby    14,771       

repealed, effective February 9, 2004.  The repeal of that section  14,773       

shall apply only to contracts that are delivered, issued for       14,774       

delivery, or renewed in this state on or after that date.                       

      Section 7.  Every provision for mandated health benefits,    14,776       

as defined in section 3901.71 of the Revised Code, that is         14,777       

contained in Chapter 1751. of the Revised Code, shall be applied   14,779       

to every policy, contract, certificate, or agreement of a health   14,780       

insuring corporation on the effective date of the section in       14,781       

which the provision is contained, notwithstanding section 3901.71  14,782       

of the Revised Code.                                                            

      Section 8.  Section 5119.01 of the Revised Code is           14,784       

presented in this act as a composite of the section as amended by  14,785       

both Sub. H.B. 670 and Am. Sub. S.B. 285 of the 121st General      14,786       

Assembly, with the new language of neither of the acts shown in    14,788       

capital letters.  This is in recognition of the principle stated   14,789       

                                                          330    

                                                                 
in division (B) of section 1.52 of the Revised Code that such      14,790       

amendments are to be harmonized where not substantively            14,791       

irreconcilable and constitutes a legislative finding that such is  14,792       

the resulting version in effect prior to the effective date of     14,793       

this act.                                                                       

      Section 9.  This act is hereby declared to be an emergency   14,795       

measure necessary for the immediate preservation of the public     14,796       

peace, health, and safety.  The reason for such necessity is that  14,797       

current laws governing the regulation of prepaid dental plan       14,798       

organizations, medical care corporations, health care                           

corporations, dental care corporations, and health maintenance     14,799       

organizations do not grant the Superintendent of Insurance the     14,800       

authority to regulate all forms of managed care corporations       14,802       

currently insuring substantial numbers of Ohio citizens, thereby   14,803       

threatening the public health and safety.  In order to protect     14,804       

the public health and safety of the citizens of this state, the                 

Superintendent must have the immediate authority to regulate       14,805       

these currently unregulated forms of managed care corporations     14,806       

and to strengthen the financial regulation of all corporations     14,807       

engaged in managed care in Ohio.  Therefore, this act shall go     14,808       

into immediate effect.