As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 221 5
1999-2000 6
REPRESENTATIVES VAN VYVEN-CALLENDER-CATES-MOTTLEY- 8
SCHULER-TERWILLEGER-TRAKAS-YOUNG-TIBERI-OLMAN 9
_________________________________________________________________ 10
A B I L L
To enact sections 103.144, 105.01, 105.02, 105.03, 12
105.05, and 105.07 of the Revised Code to require 13
the Ohio Legislative Service Commission to 14
prepare a mandated benefit statement for each
bill that contains a mandated benefit and 15
receives second consideration, to provide for the 16
establishment and operation of the Ohio Mandated 17
Benefits Review Council, and to terminate the 18
provisions of this act on December 31, 2003, by 19
repealing sections 103.144, 105.01, 105.02,
105.03, 105.05, and 105.07 of the Revised Code on 20
that date. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 103.144, 105.01, 105.02, 105.03, 25
105.05, and 105.07 of the Revised Code be enacted to read as 26
follows: 27
Sec. 103.144. (A) AS USED IN THIS SECTION, "MANDATED 29
BENEFIT" HAS THE SAME MEANING AS IN SECTION 105.01 OF THE REVISED 31
CODE. 32
(B) WITHIN THREE BUSINESS DAYS AFTER A BILL RECEIVES 34
SECOND CONSIDERATION IN EITHER HOUSE OF THE GENERAL ASSEMBLY, THE 36
LEGISLATIVE SERVICE COMMISSION SHALL REVIEW THE BILL TO DETERMINE 38
WHETHER THE BILL INCLUDES A MANDATED BENEFIT. IF THE LEGISLATIVE 40
SERVICE COMMISSION DETERMINES THAT THE BILL INCLUDES A MANDATED 41
BENEFIT, THE COMMISSION SHALL PREPARE A WRITTEN MANDATED BENEFITS 43
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STATEMENT WITHIN THE THREE-BUSINESS-DAY REVIEW PERIOD SETTING 45
FORTH THE RESULTS OF THE REVIEW AND SHALL DISTRIBUTE COPIES OF 47
THE STATEMENT TO THE CHAIRPERSON OF THE COMMITTEE TO WHICH THE 48
BILL HAS BEEN ASSIGNED, THE OHIO MANDATED BENEFITS REVIEW COUNCIL 49
CREATED UNDER SECTION 105.02 OF THE REVISED CODE, AND THE 50
SUPERINTENDENT OF INSURANCE. 51
(C) WITHIN THREE BUSINESS DAYS AFTER AN AMENDMENT TO THE 53
BILL IS ADOPTED, OR A SUBSTITUTE BILL IS ADOPTED, BY THE 55
COMMITTEE, THE LEGISLATIVE SERVICE COMMISSION SHALL REVIEW THE 57
AMENDMENT OR SUBSTITUTE BILL TO DETERMINE WHETHER THE AMENDMENT 58
OR SUBSTITUTE BILL INCLUDES A MANDATED BENEFIT. IF THE 59
LEGISLATIVE SERVICE COMMISSION DETERMINES THAT THE AMENDMENT OR 60
SUBSTITUTE BILL INCLUDES A MANDATED BENEFIT, THE COMMISSION SHALL 61
PREPARE A WRITTEN MANDATED BENEFITS STATEMENT WITHIN THE 62
THREE-BUSINESS-DAY REVIEW PERIOD IF A STATEMENT WAS NOT 64
PREVIOUSLY PREPARED IN CONNECTION WITH THE BILL OR SHALL PREPARE 65
A REVISION OF ANY PREVIOUSLY ISSUED MANDATED BENEFITS STATEMENT 68
WITHIN THE THREE-BUSINESS-DAY REVIEW PERIOD TO REFLECT CHANGES
PROPOSED BY THE AMENDMENT OR SUBSTITUTE BILL. THE LEGISLATIVE 71
SERVICE COMMISSION SHALL DISTRIBUTE COPIES OF ANY STATEMENT 72
PREPARED OR REVISED IN ACCORDANCE WITH THIS DIVISION TO THE 73
PARTIES IDENTIFIED IN DIVISION (B) OF THIS SECTION. 74
Sec. 105.01. AS USED IN SECTIONS 105.01 TO 105.07 OF THE 76
REVISED CODE: 77
(A) "MANDATED BENEFIT" MEANS THE FOLLOWING, WHEN 79
CONSIDERED IN THE CONTEXT OF A SICKNESS AND ACCIDENT INSURANCE 80
POLICY OR A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR 81
AGREEMENT: 82
(1) ANY REQUIRED COVERAGE FOR A SPECIFIC MEDICAL OR 84
HEALTH-RELATED SERVICE, TREATMENT, MEDICATION, OR PRACTICE; 85
(2) ANY REQUIRED COVERAGE FOR THE SERVICES OF SPECIFIC 87
HEALTH CARE PRACTITIONERS; 88
(3) ANY REQUIREMENT THAT AN INSURER OR HEALTH INSURING 90
CORPORATION OFFER COVERAGE TO SPECIFIC INDIVIDUALS OR GROUPS; 91
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(4) ANY REQUIREMENT THAT AN INSURER OR HEALTH INSURING 93
CORPORATION OFFER SPECIFIC HEALTH CARE SERVICES, TREATMENTS, OR 94
PRACTICES TO EXISTING INSUREDS OR ENROLLEES; 95
(5) ANY REQUIRED EXPANSION OF, OR ADDITION TO, EXISTING 97
COVERAGE; 98
(6) ANY MANDATED REIMBURSEMENT AMOUNT TO SPECIFIC HEALTH 100
CARE PRACTITIONERS. 101
(B) "MANDATED BENEFIT" DOES NOT INCLUDE ANY REQUIRED 103
COVERAGE OR OFFER OF COVERAGE, ANY REQUIRED EXPANSION OF, OR 104
ADDITION TO, EXISTING COVERAGE, OR ANY MANDATED REIMBURSEMENT 106
AMOUNT TO SPECIFIC PRACTITIONERS, AS DESCRIBED IN DIVISION (A) OF 107
THIS SECTION, WITHIN THE CONTEXT OF ANY PUBLIC HEALTH BENEFITS 108
ARRANGEMENT, INCLUDING BUT NOT LIMITED TO, THE COVERAGE OF 109
BENEFICIARIES ENROLLED IN TITLE XVIII OF THE "SOCIAL SECURITY 111
ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, PURSUANT 113
TO A MEDICARE RISK CONTRACT OR MEDICARE COST CONTRACT, OR TO THE 114
COVERAGE OF BENEFICIARIES ENROLLED IN TITLE XIX OF THE "SOCIAL 116
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, 120
KNOWN AS THE MEDICAL ASSISTANCE PROGRAM OR MEDICAID, PROVIDED BY 121
THE OHIO DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5111. OF THE 123
REVISED CODE. 124
Sec. 105.02. (A) THERE IS HEREBY CREATED THE OHIO 126
MANDATED BENEFITS REVIEW COUNCIL. 128
(B) THE COUNCIL SHALL CONSIST OF FIFTEEN MEMBERS, SIX OF 131
WHOM SHALL BE VOTING MEMBERS AND NINE ADDITIONAL MEMBERS WHO 132
SHALL NOT VOTE EXCEPT IN THE EVENT THAT A TIE VOTE IS CAST BY THE 133
VOTING MEMBERS.
(1) THE VOTING MEMBERS SHALL CONSIST OF THE FOLLOWING: 135
(a) THREE MEMBERS OF THE SENATE, APPOINTED BY THE 137
PRESIDENT OF THE SENATE, NOT MORE THAN TWO OF WHOM MAY BE MEMBERS 138
OF THE SAME POLITICAL PARTY; 139
(b) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, 141
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NOT 142
MORE THAN TWO OF WHOM MAY BE MEMBERS OF THE SAME POLITICAL PARTY. 143
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(2) THE ADDITIONAL MEMBERS SHALL CONSIST OF THE FOLLOWING: 145
(a) THREE REPRESENTATIVES OF CONSUMERS, APPOINTED BY THE 147
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, NOT MORE THAN 148
TWO OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY. NONE 149
OF THESE MEMBERS MAY BE EMPLOYED BY, OR IN ANY WAY AFFILIATED 150
WITH OR BIASED TOWARD, ANY OF THE PERSONS OR ENTITIES LISTED IN 151
DIVISIONS (B)(2)(b) TO (f) OF THIS SECTION. ONE OF THESE MEMBERS 153
SHALL REPRESENT THE INTERESTS OF PUBLIC EMPLOYERS AND THEIR 154
EMPLOYEES AS CONSUMERS OF HEALTH CARE. 155
(b) TWO REPRESENTATIVES OF HEALTH CARE PROVIDERS, ONE OF 157
WHOM IS TO BE APPOINTED BY THE PRESIDENT OF THE SENATE AND THE 158
OTHER BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 160
(c) ONE REPRESENTATIVE OF HEALTH INSURING CORPORATIONS, 162
APPOINTED BY THE PRESIDENT OF THE SENATE. 163
(d) ONE REPRESENTATIVE OF SICKNESS AND ACCIDENT INSURERS, 165
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 166
(e) ONE REPRESENTATIVE OF EMPLOYERS IN THIS STATE, OTHER 168
THAN THE EMPLOYERS LISTED IN DIVISIONS (B)(2)(b) TO (d) OF THIS 170
SECTION, THAT EMPLOY FIFTY OR FEWER EMPLOYEES, APPOINTED BY THE 171
PRESIDENT OF THE SENATE. 172
(f) ONE REPRESENTATIVE OF EMPLOYERS IN THIS STATE, OTHER 174
THAN THE EMPLOYERS LISTED IN DIVISIONS (B)(2)(b) TO (d) OF THIS 176
SECTION, THAT EMPLOY MORE THAN FIFTY EMPLOYEES, APPOINTED BY THE 177
SPEAKER OF THE HOUSE OF REPRESENTATIVES. 178
(C) WITH RESPECT TO THE MEMBERS OF THE COUNCIL OTHER THAN 180
THOSE APPOINTED FROM THE MEMBERSHIP OF THE SENATE AND THE HOUSE 181
OF REPRESENTATIVES, ALL OF THE FOLLOWING APPLY: 182
(1) OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR A TERM 184
ENDING JUNE 30, 2001, THREE SHALL BE FOR A TERM ENDING JUNE 30, 185
2002, AND THREE SHALL BE FOR A TERM ENDING JUNE 30, 2003. 187
THEREAFTER, TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH 188
TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE TERM 190
THAT IT SUCCEEDS.
(2) EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF 192
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APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS 193
APPOINTED.
(3) ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR 195
TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S 196
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER FOR THE 197
REMAINDER OF THAT TERM. 198
(4) A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE 200
EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR 201
TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, 202
WHICHEVER OCCURS FIRST. 203
(D) THE MEMBERS OF THE COUNCIL WHO ARE APPOINTED FROM THE 205
MEMBERSHIP OF THE SENATE OR THE HOUSE OF REPRESENTATIVES SHALL 206
SERVE DURING THEIR TERMS AS MEMBERS OF THE GENERAL ASSEMBLY AND 207
UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, 208
NOTWITHSTANDING THE ADJOURNMENT OF THE GENERAL ASSEMBLY OF WHICH 209
THEY ARE MEMBERS OR THE EXPIRATION OF THEIR TERMS AS MEMBERS OF 210
SUCH GENERAL ASSEMBLY. 211
(E) VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER 213
PROVIDED FOR ORIGINAL APPOINTMENTS. 214
Sec. 105.03. MEETINGS OF THE MANDATED BENEFITS REVIEW 216
COUNCIL SHALL BE CALLED IN SUCH MANNER AND AT SUCH TIMES AS 217
PRESCRIBED BY RULES ADOPTED BY THE COUNCIL. A MAJORITY OF THE 218
MEMBERSHIP OF THE COUNCIL CONSTITUTES A QUORUM AND NO ACTION 219
SHALL BE TAKEN BY THE COUNCIL UNLESS APPROVED BY A MAJORITY OF 220
THE VOTING MEMBERS. IF A TIE VOTE IS CAST BY THE VOTING MEMBERS, 222
THE ADDITIONAL COUNCIL MEMBERS SHALL BE REQUIRED TO CAST A VOTE 223
ON WHETHER TO APPROVE THE ACTION. THE MAJORITY VOTE OF THE 224
ADDITIONAL COUNCIL MEMBERS SHALL BE COUNTED AS A SINGLE VOTE FOR 225
THE PURPOSE OF BREAKING THE TIE VOTE CAST BY THE VOTING MEMBERS. 226
THE COUNCIL SHALL ORGANIZE BY SELECTING FROM AMONG THE 228
VOTING MEMBERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND SUCH OTHER 229
OFFICERS AS IT CONSIDERS NECESSARY. THE COUNCIL SHALL ADOPT 230
RULES FOR THE CONDUCT OF ITS BUSINESS AND THE ELECTION OF ITS 231
OFFICERS. EACH MEMBER OF THE COUNCIL, BEFORE ENTERING UPON THE 232
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MEMBER'S OFFICIAL DUTIES, SHALL TAKE AND SUBSCRIBE TO AN OATH OF 233
OFFICE, TO UPHOLD THE CONSTITUTION AND LAWS OF THE UNITED STATES 234
AND THIS STATE, AND TO PERFORM THE DUTIES OF THE OFFICE HONESTLY, 236
FAITHFULLY, AND IMPARTIALLY. 237
MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION BUT 239
MAY BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN 240
THE PERFORMANCE OF THEIR DUTIES UNDER SECTIONS 105.01 TO 105.07 241
OF THE REVISED CODE. 242
Sec. 105.05. (A)(1) THE COUNCIL SHALL HOLD A PUBLIC 244
MEETING TO CONSIDER THE FINDINGS OF AN INDEPENDENT HEALTHCARE 246
ACTUARIAL REVIEW PERFORMED UNDER SECTION 105.07 OF THE REVISED 248
CODE. THE COUNCIL MAY ADMINISTER OATHS AND HOLD PUBLIC HEARINGS 249
AT SUCH TIMES AND PLACES WITHIN THE STATE AS MAY BE NECESSARY TO 250
CARRY OUT THE PURPOSES AND INTENT OF SECTIONS 105.01 TO 105.07 OF 251
THE REVISED CODE. 252
(2) NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE 254
FINDINGS OF THE INDEPENDENT HEALTHCARE ACTUARIAL REVIEW, THE 255
COUNCIL SHALL CONSIDER THE FINDINGS AND DETERMINE WHETHER OR NOT 256
THE REVIEW MET THE REQUIRMENTS SET FORTH IN SECTION 105.07 OF THE 257
REVISED CODE. THE COUNCIL SHALL VOTE ON WHETHER OR NOT THE
REVIEW MET THOSE REQUIREMENTS AND FORWARD THE OUTCOME OF THE VOTE 258
ALONG WITH THE FINDINGS TO THE CHAIRPERSON OF THE COMMITTEE TO 259
WHICH THE BILL HAS BEEN ASSIGNED. IF A TIE VOTE IS CAST BY THE 261
VOTING MEMBERS, THE ADDITIONAL COUNCIL MEMBERS SHALL BE REQUIRED 262
TO CAST A VOTE ON WHETHER OR NOT THE REVIEW MET THE REQUIREMENTS
SET FORTH IN SECTION 105.07 OF THE REVISED CODE. THE MAJORITY 264
VOTE OF THE ADDITIONAL COUNCIL MEMBERS SHALL BE COUNTED AS A 265
SINGLE VOTE FOR THE PURPOSE OF BREAKING THE TIE VOTE CAST BY THE 266
VOTING MEMBERS.
(B) THE COUNCIL MAY, FROM TIME TO TIME, REVIEW THE 268
PROVISIONS OF THE REVISED CODE THAT INCLUDE MANDATED BENEFITS AND 269
REQUEST THE SUPERINTENDENT OF INSURANCE TO ARRANGE FOR AN 271
INDEPENDENT HEALTHCARE ACTUARIAL REVIEW OF THE MANDATED BENEFITS 274
AS PROVIDED IN SECTION 105.07 OF THE REVISED CODE. THE COUNCIL 275
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SHALL FORWARD THE FINDINGS REGARDING SUCH MANDATED BENEFITS TO 277
THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF 278
REPRESENTATIVES, AND THE CHAIRPERSONS OF THE COMMITTEES OF THE 279
GENERAL ASSEMBLY THAT HAVE PRIMARY JURISDICTION OVER HEALTH 280
INSURANCE. 281
(C) THE COUNCIL SHALL PREPARE AN ANNUAL SUMMARY OF ALL 283
FINDINGS WITH RESPECT TO PROPOSED AND EXISTING MANDATED BENEFITS, 284
AND SUBMIT A COPY OF THAT SUMMARY TO THE GOVERNOR, THE SPEAKER OF 286
THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE SENATE. 287
Sec. 105.07. (A) UPON RECEIPT OF A REQUEST FROM THE 289
MANDATED BENEFITS REVIEW COUNCIL PURSUANT TO DIVISION (B) OF 290
SECTION 105.05 OF THE REVISED CODE OR UPON RECEIPT OF A MANDATED 292
BENEFITS STATEMENT PREPARED BY THE LEGISLATIVE SERVICE COMMISSION 293
UNDER SECTION 103.144 OF THE REVISED CODE, THE SUPERINTENDENT OF 294
INSURANCE SHALL ARRANGE FOR THE PERFORMANCE OF AN INDEPENDENT 296
HEALTHCARE ACTUARIAL REVIEW OF THE MANDATED BENEFIT. IN MAKING 297
THIS ARRANGEMENT, THE SUPERINTENDENT SHALL RETAIN ONE OR MORE 298
INDEPENDENT ACTUARIES ON A CONSULTING BASIS TO DETERMINE THE 299
MEDICAL EFFICACY, AND SOCIAL AND FINANCIAL IMPACT OF THE MANDATED 300
BENEFIT IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION. THE 302
SUPERINTENDENT SHALL PROVIDE THE ACTUARY OR ACTUARIES WITH COPIES 303
OF ANY INFORMATION SUBMITTED BY INTERESTED PARTIES RELATED TO THE 304
PROPOSED MANDATED BENEFIT AND SHALL ASSIST THEM IN OBTAINING ANY 305
ADDITIONAL INFORMATION NEEDED.
NO LATER THAN FORTY-FIVE DAYS AFTER RECEIVING THE REQUEST 307
OR REPORT, THE SUPERINTENDENT SHALL SUBMIT THE FINDINGS OF THE 308
ACTUARIAL REVIEW TO THE COUNCIL. 309
(B) IN PERFORMING AN INDEPENDENT HEALTHCARE ACTUARIAL 311
REVIEW OF A MANDATED BENEFIT, THE ACTUARY SHALL DO THE FOLLOWING: 313
(1) USE APPROPRIATE ASSUMPTIONS THAT ACCURATELY 315
DEMONSTRATE THE SOCIAL AND FINANCIAL IMPACT OF THE MANDATED 316
BENEFIT;
(2) DETERMINE TO WHAT EXTENT THE ABSENCE OF THE MANDATED 318
BENEFIT RESULTS IN UNDUE HARDSHIP TO THE GENERAL POPULATION; 319
8
(3) DETERMINE THE EXTENT OF PUBLIC DEMAND FOR THE MANDATED 321
BENEFIT, AND TO WHAT EXTENT VOLUNTARY COVERAGE OF THE BENEFIT IS 322
AVAILABLE; 323
(4) DETERMINE THE EXTENT OF PUBLIC DEMAND FOR INCLUSION OF 325
THE MANDATED BENEFIT IN ARRANGEMENTS NEGOTIATED THROUGH 326
COLLECTIVE BARGAINING; 327
(5) CONSULT WITH RELEVANT MEDICAL EXPERTS, ATTORNEYS, AND 329
OTHER PROFESSIONALS KNOWLEDGEABLE IN MATTERS RELATED TO THE 330
PERFORMANCE OF AN ACTUARIAL REVIEW OF A MANDATED BENEFIT; 331
(6) CONSIDER THE RESULTS OF AT LEAST ONE PROFESSIONALLY 333
ACCEPTABLE CONTROLLED TRIAL AND THE RESULTS OF ANY OTHER RELEVANT 334
PEER REVIEWED RESEARCH SPECIFICALLY CENTERED AROUND THE BENEFIT; 335
(7) CONSIDER ANY INFORMATION SUBMITTED BY INTERESTED 337
PARTIES RELATED TO THE PROPOSED MANDATED BENEFIT; 338
(8) IF APPLICABLE, DETERMINE THE EXTENT TO WHICH: 339
(a) COVERAGE WILL IMPROVE THE QUALITY OF LIFE OF THOSE 341
RECEIVING THE COVERED TREATMENT; 342
(b) COVERAGE WILL INCREASE OR DECREASE THE COST OF THE 344
TREATMENT OR SERVICE;
(c) A SIMILAR MANDATED BENEFIT IN OTHER STATES HAS 346
IMPROVED THE QUALITY OF LIFE OF THOSE RECEIVING THE COVERED 347
TREATMENT;
(d) A SIMILAR MANDATED BENEFIT IN OTHER STATES HAS 349
AFFECTED CHARGES, COSTS, UTILIZATION, AND PAYMENTS FOR SERVICES 350
AND TREATMENTS IN THOSE STATES;
(e) COVERAGE WILL INCREASE OR DECREASE THE APPROPRIATE USE 353
OF THE TREATMENT OR SERVICE; 354
(f) COVERAGE WILL INCREASE OR DECREASE THE ADMINISTRATIVE 356
EXPENSES OF INSURANCE COMPANIES AND HEALTH INSURING CORPORATIONS; 357
(g) COVERAGE WILL INCREASE OR DECREASE PREMIUMS; 359
(h) EXISTING MANDATED BENEFITS MEET THE PROPOSED 362
REQUIREMENTS;
(i) SMALL EMPLOYER, MEDIUM-SIZED EMPLOYERS, AND LARGE 364
EMPLOYERS WILL BE FINANCIALLY IMPACTED; AND 365
9
(j) COVERAGE WILL IMPACT THE TOTAL COST AND QUALITY OF 367
HEALTH CARE, INCLUDING ANY POTENTIAL COST SAVINGS THAT MAY BE 368
REALIZED.
(C) THE SUPERINTENDENT SHALL ALSO PROVIDE ANY APPROPRIATE 370
PROFESSIONAL, TECHNICAL, AND CLERICAL SUPPORT FROM THE 371
SUPERINTENDENT'S STAFF THAT IS NEEDED BY THE COUNCIL TO FULFILL 372
ITS DUTIES.
Section 2. Sections 103.144, 105.01, 105.02, 105.03, 374
105.05, and 105.07 of the Revised Code, as enacted by this act, 375
are hereby repealed, effective December 31, 2003. 376
Section 3. Initial appointments to the Ohio Mandated 378
Benefits Review Council shall be made no later than sixty days 379
after the effective date of this act. 380
Section 4. (A) As used in this section, "mandated 382
benefit" has the same meaning as in section 105.01 of the Revised 383
Code, as enacted by this act. 384
(B) The chairperson of a committee of either house of the 386
123rd General Assembly may request the Legislative Service 387
Commission to review any bill that was assigned to the 388
chairperson's committee prior to the effective date of this act, 389
or may request the Commission to review any amendment to or 390
substitute version of the bill that has been adopted by the 391
committee, in order to determine whether the bill, amendment, or 392
substitute bill includes a mandated benefit. The Commission 393
shall review the bill, amendment, or substitute bill, and if the 394
Commission determines that the bill, amendment, or substitute 395
bill includes a mandated benefit, the Commission shall prepare a 396
written mandated benefits statement within three business days 397
and shall distribute copies of the statement to the chairperson 398
who requested the review and to the Superintendent of Insurance. 399
(C) After initial appointments have been made to the Ohio 401
Mandated Benefits Review Council pursuant to section 105.02 of 402
the Revised Code, as enacted by this act, a chairperson of a 403
committee who has received a written mandated benefits statement 404
10
pursuant to division (B) of this section, may request the 405
Superintendent of Insurance to arrange for the performance of an 406
independent healthcare actuarial review of the mandated benefit. 407
The Superintendent shall, in the same manner as provided in 408
section 105.07 of the Revised Code, as enacted by this act, 409
arrange for the independent healthcare actuarial review and 410
submit the findings of the actuarial review to the Mandated 411
Benefits Review Council within forty-five days after receiving 412
the Commission's report. The Council shall, in the same manner 413
as provided in section 105.05 of the Revised Code, as enacted by 414
this act, consider the findings of the independent healthcare 415
actuarial review and, if the review meets the requirements set 416
forth in section 105.07 of the Revised Code, as enacted by this 417
act, forward the findings to the chairperson of the committee. 418