As Reported by the Senate Health, Human Services           1            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 4     6            

      1999-2000                                                    7            


 REPRESENTATIVES GARDNER-TIBERI-BUCHY-HARRIS-BRADING-CALLENDER-    9            

    CAREY-CATES-CORBIN-CORE-COUGHLIN-EVANS-GOODMAN-GRENDELL-       10           

       HAINES-HOOD-HOOPS-JACOBSON-JOLIVETTE-KILBANE-KREBS-         11           

     MAIER-MEAD-METZGER-MOTTLEY-MYERS-O'BRIEN-OLMAN-PADGETT-       12           

 ROMAN-SALERNO-SCHULER-SCHURING-TERWILLEGER-THOMAS-WILLAMOWSKI-    13           

    WINKLER-WOMER BENJAMIN-YOUNG-VESPER-HOUSEHOLDER-AUSTRIA-       15           

          SENATORS DRAKE-KEARNS-BLESSING-JOHNSON-SPADA                          


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 1751.11, 1751.19, 1751.33,          19           

                1751.35, 1751.77, 1751.78, 1751.81, 1751.82,       21           

                1753.24, and 5747.01; to amend, for the purpose                 

                of adopting new section numbers as indicated in    22           

                parentheses, sections 1751.83 (1751.821), 1751.84  23           

                (1751.822), 1751.85 (1751.823), and 1753.24                     

                (1751.85); and to enact new sections 1751.83 and   24           

                1751.84 and sections 1751.811, 1751.831, 1751.87,               

                1751.88, 1751.89, 1753.13, 3901.80, 3901.81,       25           

                3901.82, 3901.83, 3901.84, 3923.65, 3923.66,       26           

                3923.67, 3923.68, 3923.681, 3923.69, 3923.70,                   

                3923.75, 3923.76, 3923.77, 3923.78, and 3923.79    27           

                of the Revised Code to establish procedures for    29           

                enrollee appeals of health care coverage                        

                decisions by health insuring corporations,         30           

                sickness and accident insurers, and state                       

                employee benefit plans and to make other changes   31           

                in the laws related to health insuring             32           

                corporations, sickness and accident insurers, and               

                state employee benefit plans.                      33           

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 1751.11, 1751.19, 1751.33,         37           

1751.35, 1751.77, 1751.78, 1751.81, 1751.82, 1753.24, and 5747.01  39           

be amended, sections 1751.83 (1751.821), 1751.84 (1751.822),       40           

1751.85 (1751.823), and 1753.24 (1751.85) be amended for the       41           

purpose of adopting new section numbers as indicated in                         

parentheses, and new sections 1751.83 and 1751.84 and sections     42           

1751.811, 1751.831, 1751.87, 1751.88, 1751.89, 1753.13, 3901.80,   43           

3901.81, 3901.82, 3901.83, 3901.84, 3923.65, 3923.66, 3923.67,     44           

3923.68, 3923.681, 3923.69, 3923.70, 3923.75, 3923.76, 3923.77,    45           

3923.78, and 3923.79 of the Revised Code be enacted to read as     47           

follows:                                                                        

      Sec. 1751.11.  (A)  Every subscriber of a health insuring    57           

corporation is entitled to an evidence of coverage for the health  58           

care plan under which health care benefits are provided.           60           

      (B)  Every subscriber of a health insuring corporation that  62           

offers basic health care services is entitled to an                63           

identification card or similar document that specifies the health  64           

insuring corporation's name as stated in its articles of           65           

incorporation, and any trade or fictitious names used by the       66           

health insuring corporation.  The identification card or document  67           

shall list at least one TOLL-FREE telephone number that provides   68           

the subscriber with access to health care, on a                    69           

twenty-four-hours-per-day, seven-days-per-week basis, AS TO HOW    70           

HEALTH CARE SERVICES MAY BE OBTAINED.  THE IDENTIFICATION CARD OR  71           

DOCUMENT SHALL ALSO LIST AT LEAST ONE TOLL-FREE NUMBER THAT,       72           

DURING NORMAL BUSINESS HOURS, PROVIDES THE SUBSCRIBER WITH ACCESS  73           

TO INFORMATION ON THE COVERAGE AVAILABLE UNDER THE SUBSCRIBER'S    74           

HEALTH CARE PLAN AND INFORMATION ON THE HEALTH CARE PLAN'S         75           

INTERNAL AND EXTERNAL REVIEW PROCESSES.                                         

      (C)  No evidence of coverage, or amendment to the evidence   77           

of coverage, shall be delivered, issued for delivery, renewed, or  78           

used, until the form of the evidence of coverage or amendment has  79           

been filed by the health insuring corporation with the             80           

                                                          3      


                                                                 
superintendent of insurance.  If the superintendent does not       81           

disapprove the evidence of coverage or amendment within sixty      82           

days after it is filed it shall be deemed approved, unless the     83           

superintendent sooner gives approval for the evidence of coverage  84           

or amendment.  With respect to an amendment to an approved         85           

evidence of coverage, the superintendent only may disapprove       86           

provisions amended or added to the evidence of coverage.  If the   87           

superintendent determines within the sixty-day period that any     88           

evidence of coverage or amendment fails to meet the requirements   89           

of this section, the superintendent shall so notify the health     90           

insuring corporation and it shall be unlawful for the health       91           

insuring corporation to use such evidence of coverage or           92           

amendment.  At any time, the superintendent, upon at least thirty  94           

days' written notice to a health insuring corporation, may         95           

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

coverage or amendment on any of the grounds stated in this         96           

section.  Such disapproval shall be effected by a written order,   97           

which shall state the grounds for disapproval and shall be issued  99           

in accordance with Chapter 119. of the Revised Code.               101          

      (D)  No evidence of coverage or amendment shall be           103          

delivered, issued for delivery, renewed, or used:                  104          

      (1)  If it contains provisions or statements that are        106          

inequitable, untrue, misleading, or deceptive;                     107          

      (2)  Unless it contains a clear, concise, and complete       109          

statement of the following:                                        110          

      (a)  The health care services and insurance or other         113          

benefits, if any, to which the AN enrollee is entitled under the   115          

health care plan;                                                               

      (b)  Any exclusions or limitations on the health care        118          

services, type of health care services, benefits, or type of       119          

benefits to be provided, including copayments;                     120          

      (c)  The AN enrollee's personal financial obligation for     122          

noncovered services;                                               124          

      (d)  Where and in what manner general information and        127          

                                                          4      


                                                                 
information as to how HEALTH CARE services may be obtained is      129          

available, including the A TOLL-FREE telephone number;             131          

      (e)  The premium rate with respect to individual and         133          

conversion contracts, and relevant copayment provisions with       134          

respect to all contracts.  The statement of the premium rate,      135          

however, may be contained in a separate insert.                    136          

      (f)  The method utilized by the health insuring corporation  139          

for resolving enrollee complaints;                                 140          

      (g)  THE UTILIZATION REVIEW, INTERNAL REVIEW, AND EXTERNAL   142          

REVIEW PROCEDURES ESTABLISHED UNDER SECTIONS 1751.77 TO 1751.85    144          

OF THE REVISED CODE.                                               146          

      (3)  Unless it provides for the continuation of an           148          

enrollee's coverage, in the event that the enrollee's coverage     149          

under the group policy, contract, certificate, or agreement        150          

terminates while the enrollee is receiving inpatient care in a     151          

hospital.  This continuation of coverage shall terminate at the    152          

earliest occurrence of any of the following:                       153          

      (a)  The enrollee's discharge from the hospital;             155          

      (b)  The determination by the enrollee's attending           157          

physician that inpatient care is no longer medically indicated     158          

for the enrollee; however, nothing in division (D)(3)(b) of this   161          

section precludes a health insuring corporation from engaging in   162          

utilization review as described in the evidence of coverage.       163          

      (c)  The enrollee's reaching the limit for contractual       165          

benefits;                                                          166          

      (d)  The effective date of any new coverage.                 169          

      (4)  Unless it contains a provision that states, in          171          

substance, that the health insuring corporation is not a member    172          

of any guaranty fund, and that in the event of the health          173          

insuring corporation's insolvency, the AN enrollee is protected    174          

only to the extent that the hold harmless provision required by    175          

section 1751.13 of the Revised Code applies to the health care     177          

services rendered;                                                 178          

      (5)  Unless it contains a provision that states, in          180          

                                                          5      


                                                                 
substance, that in the event of the insolvency of the health       181          

insuring corporation, the AN enrollee may be financially           182          

responsible for health care services rendered by a provider or     183          

health care facility that is not under contract to the health      184          

insuring corporation, whether or not the health insuring           185          

corporation authorized the use of the provider or health care      186          

facility.                                                          187          

      (E)  Notwithstanding divisions (C) and (D) of this section,  190          

a health insuring corporation may use an evidence of coverage      191          

that provides for the coverage of beneficiaries enrolled in Title  193          

XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42        194          

U.S.C.A. 301, as amended, pursuant to a medicare contract, or an   196          

evidence of coverage that provides for the coverage of             197          

beneficiaries enrolled in the federal employees health benefits    198          

program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage    200          

that provides for the coverage of beneficiaries enrolled in Title  202          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          203          

U.S.C.A. 301, as amended, known as the medical assistance program  205          

or medicaid, provided by the Ohio department of human services     206          

under Chapter 5111. of the Revised Code, or an evidence of         207          

coverage that provides for the coverage of beneficiaries under     208          

any other federal health care program regulated by a federal       209          

regulatory body, or an evidence of coverage that provides for the  210          

coverage of beneficiaries under any contract covering officers or  211          

employees of the state that has been entered into by the           213          

department of administrative services, if both of the following    215          

apply:                                                             216          

      (1)  The evidence of coverage has been approved by the       218          

United States department of health and human services, the United  220          

States office of personnel management, the Ohio department of      221          

human services, or the department of administrative services.      222          

      (2)  The evidence of coverage is filed with the              224          

superintendent of insurance prior to use and is accompanied by     225          

documentation of approval from the United States department of     227          

                                                          6      


                                                                 
health and human services, the United States office of personnel   228          

management, the Ohio department of human services, or the          229          

department of administrative services.                             230          

      Sec. 1751.19.  (A)  A health insuring corporation shall      240          

establish and maintain a complaint system that has been approved   241          

by the superintendent of insurance to provide adequate and         242          

reasonable procedures for the expeditious resolution of written    243          

complaints initiated by subscribers or enrollees concerning any    244          

matter relating to services provided, directly or indirectly, by   245          

the health insuring corporation, including, but not limited to,    246          

claims COMPLAINTS regarding the scope of coverage for health care  247          

services, and denials, cancellations, or nonrenewals of coverage.  249          

COMPLAINTS REGARDING A HEALTH INSURING CORPORATION'S DECISION TO   251          

DENY, REDUCE, OR TERMINATE COVERAGE FOR HEALTH CARE SERVICES ARE                

SUBJECT TO SECTION 1751.83 OF THE REVISED CODE.                    252          

      (B)  A health insuring corporation shall provide a timely    255          

written response to each written complaint it receives.            256          

Responses to written complaints relating to quality or             257          

appropriateness of care shall set forth a statement informing the  258          

complainant in detail of any rights the complainant may have to    259          

submit such complaint to any professional peer review              260          

organization or health insuring corporation peer review committee  261          

that has been set up to monitor the quality or appropriateness of  262          

provider services rendered.  Such statement shall set forth the    263          

name of the peer review organization or health insuring            264          

corporation peer review committee, its address, telephone number,  265          

and any other pertinent data that will enable the complainant to   266          

seek further independent review of the complaint.  Such appeal     267          

shall not be made to the peer review corporation or health         268          

insuring corporation peer review committee until the complaint     269          

system of the health insuring corporation has been exhausted.      270          

      (C)  Copies of complaints and responses, including medical   273          

records related to those complaints, shall be available to the     274          

superintendent and the director of health for inspection for       275          

                                                          7      


                                                                 
three years.  Any document or information provided to the          276          

superintendent pursuant to this division that contains a medical   277          

record is confidential, and is not a public record subject to      278          

section 149.43 of the Revised Code.                                             

      (D)  A health insuring corporation shall establish and       281          

maintain a procedure to accept complaints over the telephone or    282          

in person.  These complaints are not subject to the reporting      283          

requirement under division (C) of section 1751.32 of the Revised   285          

Code.                                                                           

      (E)  A HEALTH INSURING CORPORATION MAY COMPLY WITH THIS      288          

SECTION AND SECTION 1751.83 OF THE REVISED CODE BY ESTABLISHING    289          

ONE SYSTEM FOR RECEIVING AND REVIEWING COMPLAINTS AND APPEALS      290          

FROM ENROLLEES AND SUBSCRIBERS IF THE SYSTEM MEETS THE                          

REQUIREMENTS OF BOTH SECTIONS.                                     291          

      Sec. 1751.33.  (A)  Each health insuring corporation shall   300          

provide to its subscribers, by mail, a description of the health   301          

insuring corporation, its method of operation, its service area,   302          

its most recent provider list, and its complaint procedure         303          

established pursuant to section 1751.19 of the Revised Code, AND   305          

A DESCRIPTION OF ITS UTILIZATION REVIEW, INTERNAL REVIEW, AND      306          

EXTERNAL REVIEW PROCESSES ESTABLISHED UNDER SECTIONS 1751.77 TO    307          

1751.85 OF THE REVISED CODE.  AT THE REQUEST OF OR WITH THE        308          

APPROVAL OF THE SUBSCRIBER, A HEALTH INSURING CORPORATION MAY      310          

PROVIDE THIS INFORMATION BY ELECTRONIC MEANS RATHER THAN BY MAIL.  311          

A health insuring corporation providing basic health care          313          

services or supplemental health care services shall provide this   314          

information annually.  A health insuring corporation providing                  

only specialty health care services shall provide this             315          

information biennially.                                                         

      (B)  Each health insuring corporation, upon the request of   318          

a subscriber, shall make available its most recent statutory       319          

financial statement.                                                            

      Sec. 1751.35.  (A)  The superintendent of insurance may      329          

suspend or revoke any certificate of authority issued to a health  330          

                                                          8      


                                                                 
insuring corporation under this chapter if the superintendent      331          

finds that:                                                                     

      (1)  The health insuring corporation is operating in         333          

contravention of its articles of incorporation, its health care    334          

plan or plans, or in a manner contrary to that described in and    335          

reasonably inferred from any other information submitted under     336          

section 1751.03 of the Revised Code, unless amendments to such     338          

submissions have been filed and have taken effect in compliance    339          

with this chapter.                                                 340          

      (2)  The health insuring corporation fails to issue          342          

evidences of coverage in compliance with the requirements of       343          

section 1751.11 of the Revised Code.                               345          

      (3)  The contractual periodic prepayments or premium rates   347          

used do not comply with the requirements of section 1751.12 of     348          

the Revised Code.                                                  349          

      (4)  The health insuring corporation enters into a           351          

contract, agreement, or other arrangement with any health care     352          

facility or provider, that does not comply with the requirements   353          

of section 1751.13 of the Revised Code, or the corporation fails   355          

to provide an annual certificate as required by section 1751.13    356          

of the Revised Code.                                               358          

      (5)  The director of health has certified, after a hearing   360          

conducted in accordance with Chapter 119. of the Revised Code,     362          

that the health insuring corporation no longer meets the           363          

requirements of section 1751.04 of the Revised Code.               365          

      (6)  The health insuring corporation is no longer            367          

financially responsible and may reasonably be expected to be       368          

unable to meet its obligations to enrollees or prospective         369          

enrollees.                                                         370          

      (7)  The health insuring corporation has failed to           372          

implement the complaint system that complies with the              373          

requirements of section 1751.19 of the Revised Code.               376          

      (8)  The health insuring corporation, or any agent or        378          

representative of the corporation, has advertised, merchandised,   379          

                                                          9      


                                                                 
or solicited on its behalf in contravention of the requirements    380          

of section 1751.31 of the Revised Code.                            381          

      (9)  The health insuring corporation has unlawfully          383          

discriminated against any enrollee or prospective enrollee with    384          

respect to enrollment, disenrollment, or price or quality of       385          

health care services.                                              386          

      (10)  The continued operation of the health insuring         388          

corporation would be hazardous or otherwise detrimental to its     389          

enrollees.                                                         390          

      (11)  The health insuring corporation has submitted false    392          

information in any filing or submission required under this        393          

chapter or any rule adopted under this chapter.                    394          

      (12)  The health insuring corporation has otherwise failed   396          

to substantially comply with this chapter or any rule adopted      397          

under this chapter.                                                398          

      (13)  The health insuring corporation is not operating a     400          

health care plan.                                                  401          

      (14)  THE HEALTH INSURING CORPORATION HAS FAILED TO COMPLY   403          

WITH ANY OF THE REQUIREMENTS OF SECTIONS 1751.77 TO 1751.88 OF     404          

THE REVISED CODE.                                                               

      (B)  A certificate of authority shall be suspended or        407          

revoked only after compliance with the requirements of Chapter     408          

119. of the Revised Code.                                          409          

      (C)  When the certificate of authority of a health insuring  412          

corporation is suspended, the health insuring corporation, during  413          

the period of suspension, shall not enroll any additional          414          

subscribers or enrollees except newborn children or other newly    415          

acquired dependents of existing subscribers or enrollees, and      416          

shall not engage in any advertising or solicitation whatsoever.    417          

      (D)  When the certificate of authority of a health insuring  420          

corporation is revoked, the health insuring corporation,           421          

following the effective date of the order of revocation, shall     422          

conduct no further business except as may be essential to the      423          

orderly conclusion of the affairs of the health insuring           424          

                                                          10     


                                                                 
corporation.  The health insuring corporation shall engage in no   425          

further advertising or solicitation whatsoever.  The               426          

superintendent, by written order, may permit such further          427          

operation of the health insuring corporation as the                428          

superintendent may find to be in the best interest of enrollees,   429          

to the end that enrollees will be afforded the greatest practical  430          

opportunity to obtain continuing health care coverage.             431          

      Sec. 1751.77.  As used in sections 1751.77 to 1751.86        440          

1751.88 of the Revised Code, unless otherwise specifically         442          

provided:                                                                       

      (A)  "Adverse determination" means a determination by a      444          

health insuring corporation or its designee utilization review     445          

organization that an admission, availability of care, continued    447          

stay, or other health care service covered under a policy,         448          

contract, or agreement of the health insuring corporation has      450          

been reviewed and, based upon the information provided, the        451          

health care service does not meet the health insuring              453          

corporation's requirements for benefit payment UNDER THE HEALTH    454          

INSURING CORPORATION'S POLICY, CONTRACT, OR AGREEMENT, and                      

COVERAGE is therefore denied, reduced, or terminated.              456          

      (B)  "Ambulatory review" means utilization review of health  458          

care services performed or provided in an outpatient setting.      459          

      (C)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  461          

PERSON AUTHORIZED TO ACT ON BEHALF OF AN ENROLLEE WITH RESPECT TO  462          

HEALTH CARE DECISIONS.                                             463          

      (D)  "Case management" means a coordinated set of            465          

activities conducted for individual patient management of          466          

serious, complicated, protracted, or other specified health        467          

conditions.                                                                     

      (D)(E)  "Certification" means a determination by a health    469          

insuring corporation or its designee utilization review            472          

organization that an admission, availability of care, continued    473          

stay, or other health care service covered under a policy,         474          

contract, or agreement of the health insuring corporation has      476          

                                                          11     


                                                                 
been reviewed and, based upon the information provided, the        477          

health care service satisfies the health insuring corporation's    478          

requirements for benefit payment UNDER THE HEALTH INSURING         479          

CORPORATION'S POLICY, CONTRACT, OR AGREEMENT.                      480          

      (E)(F)  "Clinical peer" means a physician when an            483          

evaluation is to be made of the clinical appropriateness of        484          

health care services provided by a physician.  If an evaluation    485          

is to be made of the clinical appropriateness of health care       486          

services provided by a provider who is not a physician, "clinical  487          

peer" means either a physician or a provider holding the same      488          

license as the provider who provided the health care services.     489          

      (F)(G)  "Clinical review criteria" means the written         491          

screening procedures, decision abstracts, clinical protocols, and  492          

practice guidelines used by a health insuring corporation to       493          

determine the necessity and appropriateness of health care         495          

services.                                                                       

      (G)(H)  "Concurrent review" means utilization review         497          

conducted during a patient's hospital stay or course of            498          

treatment.                                                                      

      (H)(I)  "Discharge planning" means the formal process for    500          

determining, prior to a patient's discharge from a health care     501          

facility, the coordination and management of the care that the     503          

patient is to receive following discharge from a health care       504          

facility.                                                                       

      (I)(J)  "Participating provider" means a provider or health  506          

care facility that, under a contract with a health insuring        508          

corporation or with its contractor or subcontractor, has agreed    510          

to provide health care services to enrollees with an expectation                

of receiving payment, other than coinsurance, copayments, or       511          

deductibles, directly or indirectly from the health insuring       512          

corporation.                                                                    

      (J)(K)  "Physician" means a provider authorized WHO HOLDS A  515          

CERTIFICATE ISSUED under chapter CHAPTER 4731. of the Revised      517          

Code to AUTHORIZING THE practice OF medicine and surgery or        519          

                                                          12     


                                                                 
osteopathic medicine and surgery OR A COMPARABLE LICENSE OR                     

CERTIFICATE FROM ANOTHER STATE.                                    520          

      (K)(L)  "Prospective review" means utilization review that   522          

is conducted prior to an admission or a course of treatment.       523          

      (L)(M)  "Retrospective review" means utilization review of   525          

medical necessity that is conducted after health care services     527          

have been provided to a patient.  "Retrospective review" does not  529          

include the review of a claim that is limited to an evaluation of  530          

reimbursement levels, veracity of documentation, accuracy of       531          

coding, or adjudication of payment.                                             

      (M)(N)  "Second opinion" means an opportunity or             533          

requirement to obtain a clinical evaluation by a provider other    535          

than the provider originally making a recommendation for proposed  536          

health care services to assess the clinical necessity and          537          

appropriateness of the proposed health care services.              538          

      (N)(O)  "Utilization review" means a process used to         540          

monitor the use of, or evaluate the clinical necessity,            542          

appropriateness, efficacy, or efficiency of, health care           543          

services, procedures, or settings.  Areas of review may include    544          

ambulatory review, prospective review, second opinion,                          

certification, concurrent review, case management, discharge       545          

planning, or retrospective review.                                 546          

      (O)(P)  "Utilization review organization" means an entity    548          

that conducts utilization review, other than a health insuring     549          

corporation performing a review of its own health care plans.      551          

      Sec. 1751.78.  (A)(1)  Sections 1751.77 to 1751.86 1751.88   561          

of the Revised Code apply to any health insuring corporation that  563          

provides or performs utilization review services in connection     564          

with its policies, contracts, and agreements providing COVERING    565          

basic health care services and to any designee of the health       566          

insuring corporation, or to any utilization review organization    569          

that performs utilization review functions on behalf of the        570          

health insuring corporation in connection with policies,                        

contracts, or agreements of the health insuring corporation        571          

                                                          13     


                                                                 
providing COVERING basic health care services.                     573          

      (2)  Nothing in sections 1751.77 to 1751.82 or section       575          

1751.85 1751.823 of the Revised Code shall be construed to         576          

require a health insuring corporation to provide or perform        577          

utilization review services in connection with health care         578          

services provided under a policy, plan, or agreement of            579          

supplemental health care services or specialty health care         580          

services.                                                          581          

      (B)(1)  Each health insuring corporation shall be            584          

responsible for monitoring all utilization review AND INTERNAL     585          

REVIEW activities carried out by, or on behalf of, the health      587          

insuring corporation and for ensuring that all requirements of     588          

sections 1751.77 to 1751.86 1751.88 of the Revised Code, and any   589          

rules adopted thereunder, are met.  The health insuring            591          

corporation shall also ensure that appropriate personnel have      592          

operational responsibility for the conduct of the health insuring  593          

corporation's utilization review program.                          594          

      (2)  If a health insuring corporation contracts to have a    596          

utilization review organization or other entity perform the        597          

utilization review functions required by sections 1751.77 to       598          

1751.86 1751.88 of the Revised Code, and any rules adopted         600          

thereunder, the superintendent of insurance shall hold the health  602          

insuring corporation responsible for monitoring the activities of               

the utilization review organization or other entity and for        603          

ensuring that the requirements of those sections and rules are     604          

met.                                                               605          

      Sec. 1751.81.  (A)  As used in this section:                 614          

      (1)  "Enrollee" includes the representative of an enrollee.  616          

      (2)  "Necessary, "NECESSARY information" includes the        619          

results of any face-to-face clinical evaluation or second opinion  622          

that may be required.                                                           

      (B)  A health insuring corporation shall maintain written    624          

procedures for DETERMINING WHETHER A REQUESTED SERVICE IS A        625          

SERVICE COVERED UNDER THE TERMS OF AN ENROLLEE'S POLICY,           626          

                                                          14     


                                                                 
CONTRACT, OR AGREEMENT, making utilization review determinations,  628          

and for notifying enrollees, and participating providers, and      629          

health care facilities acting on behalf of enrollees, of its       631          

determinations.                                                                 

      (C)  For initial PROSPECTIVE REVIEW determinations, a        634          

health insuring corporation shall make the determination within    636          

two business days after obtaining all necessary information        637          

regarding a proposed admission, procedure, or health care service  638          

requiring a review determination.                                  640          

      (1)  In the case of a determination to certify an            642          

admission, procedure, or health care service, the health insuring  643          

corporation shall notify the provider or health care facility      644          

rendering the health care service by telephone or facsimile        645          

within three business days after making the initial                646          

certification.                                                                  

      (2)  In the case of an adverse determination, the health     648          

insuring corporation shall notify the provider or health care      650          

facility rendering the health care service by telephone within     651          

three business days after making the adverse determination, and    652          

shall provide written or electronic confirmation of the telephone  653          

notification to the enrollee and the provider or health care       654          

facility within one business day after making the telephone        655          

notification.                                                                   

      (D)  For concurrent review determinations, a health          657          

insuring corporation shall make the determination within one       660          

business day after obtaining all necessary information.            661          

      (1)  In the case of a determination to certify an extended   663          

stay or additional health care services, the health insuring       664          

corporation shall notify the provider or health care facility      665          

rendering the health care service by telephone or facsimile        666          

within one business day after making the certification.            668          

      (2)  In the case of an adverse determination, the health     670          

insuring corporation shall notify the provider or health care      671          

facility rendering the health care service by telephone within     672          

                                                          15     


                                                                 
one business day after making the adverse determination, and       673          

shall provide written or electronic confirmation to the enrollee   674          

and the provider or health care facility within one business day   675          

after the telephone notification.  The health care service to the  676          

enrollee shall be continued, with standard copayments and          678          

deductibles, if applicable, until the enrollee has been notified   679          

of the determination.                                              680          

      (E)  For retrospective review determinations, a health       682          

insuring corporation shall make the determination within thirty    686          

business days after receiving all necessary information.           687          

      (1)  In the case of a certification, the health insuring     689          

corporation may notify the enrollee and the provider or health     691          

care facility rendering the health care service in writing.        692          

      (2)  In the case of an adverse determination, the health     694          

insuring corporation shall notify the enrollee and the provider    696          

or health care facility rendering the health care service, in      697          

writing, within five business days after making the adverse        698          

determination.                                                                  

      (F)(1)  The time frames set forth in divisions (C), (D),     701          

and (E) of this section for determinations and notifications       703          

shall prevail unless the seriousness of the medical condition of                

the enrollee otherwise requires a more timely response from the    704          

health insuring corporation.  The health insuring corporation      705          

shall maintain written procedures for making expedited             707          

utilization review determinations and notifications of enrollees   708          

and providers or health care facilities when warranted by the      709          

medical condition of the enrollee.                                 710          

      (2)  AN ENROLLEE, AN AUTHORIZED PERSON, THE ENROLLEE'S       712          

PROVIDER, OR THE HEALTH CARE FACILITY RENDERING HEALTH CARE        713          

SERVICE TO AN ENROLLEE MAY PROCEED WITH A REQUEST FOR AN INTERNAL  715          

REVIEW PURSUANT TO SECTION 1751.83 OF THE REVISED CODE IF A        718          

HEALTH INSURING CORPORATION FAILS TO MAKE A DETERMINATION AND      719          

NOTIFICATION WITHIN THE TIME FRAMES SET FORTH IN DIVISION (C),     721          

(D), OR (E) OF THIS SECTION.  THE ENROLLEE MAY REQUEST A REVIEW    723          

                                                          16     


                                                                 
WITHOUT THE APPROVAL OF THE PROVIDER OR THE HEALTH CARE FACILITY   724          

RENDERING THE HEALTH CARE SERVICE.  THE PROVIDER OR HEALTH CARE    725          

FACILITY MAY NOT REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF     726          

THE ENROLLEE.                                                                   

      THE HEALTH INSURING CORPORATION'S FAILURE TO MAKE A          729          

DETERMINATION AND NOTIFICATION WITHIN THE TIME FRAMES SET FORTH    730          

IN DIVISION (C), (D), OR (E) OF THIS SECTION SHALL BE DEEMED TO    731          

BE AN ADVERSE DETERMINATION BY THE HEALTH INSURING CORPORATION     732          

FOR THE PURPOSE OF INITIATING AN INTERNAL REVIEW.                  733          

      (G)  A written notification of an adverse determination      735          

shall include the principal reason or reasons for the              736          

determination, instructions for initiating an appeal or A          738          

reconsideration of the determination UNDER SECTION 1751.82 OF THE  739          

REVISED CODE OR AN INTERNAL REVIEW UNDER SECTION 1751.83 OF THE    741          

REVISED CODE, and instructions for requesting a written statement  742          

of the clinical rationale used to make the determination.  A       743          

health insuring corporation shall provide the clinical rationale   745          

for an adverse determination in writing to any party who received  746          

notice of the adverse determination and who follows the            747          

instructions for a request.                                        748          

      (H)(1)  A health insuring corporation shall have written     750          

procedures to address the failure or inability of a health care    752          

facility, provider, or enrollee to provide all necessary           753          

information for review.                                                         

      (2)  A HEALTH INSURING CORPORATION SHALL NOT USE             755          

UNREASONABLE REQUESTS FOR INFORMATION TO DELAY MAKING A            756          

DETERMINATION.                                                     757          

      (3)  If the health care facility, provider, or enrollee      760          

will not release necessary information, the health insuring        761          

corporation may deny certification.  AN ENROLLEE NEED NOT BE       762          

GRANTED AN INTERNAL REVIEW PURSUANT TO SECTION 1751.83 OF THE      763          

REVISED CODE BASED ON A HEALTH INSURING CORPORATION'S FAILURE TO   765          

MAKE A TIMELY DETERMINATION, IF THE HEALTH INSURING CORPORATION'S  766          

DELAY IN MAKING A DETERMINATION AND NOTIFICATION IS CAUSED BY THE  767          

                                                          17     


                                                                 
FAILURE OF A HEALTH CARE FACILITY, PROVIDER, OR ENROLLEE TO        768          

RELEASE ALL NECESSARY INFORMATION, IN WHICH CASE THE HEALTH        769          

INSURING CORPORATION SHALL NOTIFY THE ENROLLEE IN WRITING OF THE   770          

REASON FOR THE DELAY.                                                           

      Sec. 1751.811.  IN LIEU OF CONDUCTING A PROSPECTIVE,         772          

CONCURRENT, OR RETROSPECTIVE REVIEW UNDER SECTION 1751.81 OF THE   773          

REVISED CODE, PROVIDING A RECONSIDERATION UNDER SECTION 1751.82    775          

OF THE REVISED CODE, OR CONDUCTING AN INTERNAL REVIEW UNDER        777          

SECTION 1751.83 OF THE REVISED CODE, A HEALTH INSURING             778          

CORPORATION MAY AFFORD AN ENROLLEE AN OPPORTUNITY FOR AN EXTERNAL  779          

REVIEW UNDER SECTION 1751.84 OR 1751.85 OF THE REVISED CODE.  IF   780          

AN EXTERNAL REVIEW IS CONDUCTED PURSUANT TO THIS SECTION, THE      781          

HEALTH INSURING CORPORATION IS NOT REQUIRED TO AFFORD THE          783          

ENROLLEE AN OPPORTUNITY FOR ANY OF THE REVIEWS THAT WERE                        

DISREGARDED PURSUANT TO THIS SECTION, INCLUDING THE EXTERNAL       785          

REVIEW THAT MAY HAVE RESULTED FROM A REVIEW THAT WAS DISREGARDED   786          

PURSUANT TO THIS SECTION, UNLESS NEW CLINICAL INFORMATION IS       787          

SUBMITTED TO THE HEALTH INSURING CORPORATION.                      788          

      Sec. 1751.82.  (A)  In a case involving an initial A         798          

PROSPECTIVE determination or a concurrent review determination, a  800          

health insuring corporation shall give the provider or health                   

care facility rendering the health care service an opportunity to  802          

request in writing on behalf of the enrollee a reconsideration of  803          

an adverse determination by the reviewer making the adverse        804          

determination.  THE PROVIDER OR HEALTH CARE FACILITY MAY NOT       805          

REQUEST A RECONSIDERATION WITHOUT THE PRIOR CONSENT OF THE         806          

ENROLLEE.  The reconsideration shall occur within three business   807          

days after the health insuring corporation's receipt of the        808          

written request for reconsideration, and shall be conducted        809          

between the provider or health care facility rendering the health  810          

care service and the reviewer who made the adverse determination.  812          

If that reviewer cannot be available within three business days,   813          

the reviewer may designate another reviewer.                                    

      (B)  If the reconsideration process described in division    815          

                                                          18     


                                                                 
(A) of this section does not resolve the difference of opinion,    817          

the adverse determination may be appealed by the enrollee, AN      818          

AUTHORIZED PERSON, or the provider or health care facility ACTING  819          

on behalf of the enrollee MAY REQUEST AN INTERNAL REVIEW UNDER     820          

SECTION 1751.83 OF THE REVISED CODE.  THE PROVIDER OR HEALTH CARE  821          

FACILITY MAY NOT REQUEST AN INTERNAL REVIEW WITHOUT THE PRIOR      822          

CONSENT OF THE ENROLLEE.                                                        

      (C)  Reconsideration is not a prerequisite to a standard AN  823          

INTERNAL or expedited appeal EXTERNAL REVIEW of an adverse         825          

determination.                                                                  

      (D)  The time period allowed by division (A) of this         828          

section for a reconsideration of an adverse determination shall    829          

not apply if the seriousness of the medical condition of the       830          

enrollee requires a more expedited reconsideration.  The health    831          

insuring corporation shall maintain written procedures for making  832          

such an expedited reconsideration.                                 833          

      Sec. 1751.83 1751.821.  A health insuring corporation may    843          

present evidence of compliance with the requirements of sections   844          

1751.77 to 1751.82 of the Revised Code by submitting evidence to   846          

the superintendent of insurance of its accreditation by an                      

independent, private accrediting organization, such as the         847          

national committee on quality assurance, the national quality      848          

health council, the joint commission on accreditation of health    850          

care organizations, or the American accreditation healthcare                    

commission/utilization review accreditation commission.  The       852          

superintendent, upon review of the organization's accreditation    853          

process, may determine that such accreditation constitutes         854          

compliance by the health insuring corporation with the             855          

requirements of these sections.                                                 

      Sec. 1751.84 1751.822.  Each participating provider or       864          

health care facility submitting a claim shall cooperate with the   866          

utilization review program of a health insuring corporation or     867          

utilization review organization and shall provide the health       868          

insuring corporation or its designee access to an enrollee's       869          

                                                          19     


                                                                 
medical records during regular business hours, or copies of those  870          

records at a reasonable cost.                                      871          

      Sec. 1751.85 1751.823.  A health insuring corporation shall  880          

annually file a certificate with the superintendent of insurance   882          

certifying its compliance with sections 1751.77 to 1751.82 of the  883          

Revised Code.                                                      885          

      Sec. 1751.83.  A HEALTH INSURING CORPORATION SHALL           887          

ESTABLISH AND MAINTAIN AN INTERNAL REVIEW SYSTEM THAT HAS BEEN     888          

APPROVED BY THE SUPERINTENDENT OF INSURANCE.  THE SYSTEM SHALL     889          

PROVIDE FOR REVIEW BY A CLINICAL PEER AND INCLUDE ADEQUATE AND     890          

REASONABLE PROCEDURES FOR REVIEW AND RESOLUTION OF APPEALS FROM                 

ENROLLEES CONCERNING ADVERSE DETERMINATIONS MADE UNDER SECTION     893          

1751.81 OF THE REVISED CODE, INCLUDING PROCEDURES FOR VERIFYING    894          

AND REVIEWING APPEALS FROM ENROLLEES WHOSE MEDICAL CONDITIONS                   

REQUIRE EXPEDITED REVIEW.                                          895          

      A HEALTH INSURING CORPORATION SHALL CONSIDER AND PROVIDE A   897          

WRITTEN RESPONSE TO EACH REQUEST FOR AN INTERNAL REVIEW NOT LATER  899          

THAN SIXTY DAYS AFTER RECEIPT OF THE REQUEST, EXCEPT THAT IF THE   900          

SERIOUSNESS OF THE ENROLLEE'S MEDICAL CONDITION REQUIRES AN        901          

EXPEDITED REVIEW, THE HEALTH INSURING CORPORATION SHALL PROVIDE    902          

THE WRITTEN RESPONSE NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF    903          

THE REQUEST. THE RESPONSE SHALL STATE THE REASON FOR THE HEALTH    907          

INSURING CORPORATION'S DECISION, INFORM THE ENROLLEE OF THE RIGHT               

TO PURSUE A FURTHER REVIEW, AND EXPLAIN THE PROCEDURES FOR         909          

INITIATING THE REVIEW WITHIN WHICH THE ENROLLEE MUST REQUEST THE   910          

REVIEW, AS SPECIFIED IN SECTION 1751.84 OR 1751.85 OF THE REVISED  911          

CODE. FAILURE BY A HEALTH INSURING CORPORATION TO PROVIDE A        912          

WRITTEN RESPONSE WITHIN THOSE TIME FRAMES SHALL BE DEEMED A        913          

DENIAL BY THE HEALTH INSURING CORPORATION FOR PURPOSES OF          914          

REQUESTING A REVIEW UNDER SECTION 1751.831, 1751.84, OR 1751.85    915          

OF THE REVISED CODE.                                               916          

      IF THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED, OR   920          

TERMINATED COVERAGE FOR A HEALTH CARE SERVICE ON THE GROUNDS THAT  921          

THE SERVICE IS NOT A SERVICE COVERED UNDER THE TERMS OF THE        922          

                                                          20     


                                                                 
ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT, THE RESPONSE SHALL      923          

INFORM THE ENROLLEE OF THE RIGHT TO REQUEST A REVIEW BY THE        924          

SUPERINTENDENT OF INSURANCE UNDER SECTION 1751.831 OF THE REVISED  925          

CODE.  IF THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED, OR  926          

TERMINATED COVERAGE FOR A HEALTH CARE SERVICE ON THE GROUNDS THAT  927          

THE SERVICE IS NOT MEDICALLY NECESSARY, THE RESPONSE SHALL INFORM  929          

THE ENROLLEE OF THE RIGHT TO REQUEST AN EXTERNAL REVIEW UNDER      930          

SECTION 1751.84 OF THE REVISED CODE, EXCEPT THAT IF THE ENROLLEE   932          

MEETS THE CRITERIA SET FORTH IN DIVISION (A) OF SECTION 1751.85    933          

OF THE REVISED CODE, THE RESPONSE SHALL INFORM THE ENROLLEE OF     934          

THE RIGHT TO REQUEST AN EXTERNAL REVIEW UNDER SECTION 1751.85 OF   935          

THE REVISED CODE.                                                               

      THE HEALTH INSURING CORPORATION SHALL MAKE AVAILABLE TO THE  937          

SUPERINTENDENT FOR INSPECTION COPIES OF ALL DOCUMENTS IN THE       938          

HEALTH INSURING CORPORATION'S POSSESSION RELATED TO REVIEWS        939          

CONDUCTED PURSUANT TO THIS SECTION, INCLUDING MEDICAL RECORDS      940          

RELATED TO THOSE REVIEWS, AND OF RESPONSES, FOR THREE YEARS        941          

FOLLOWING COMPLETION OF THE REVIEW.                                942          

      Sec. 1751.831.  THE SUPERINTENDENT OF INSURANCE SHALL        944          

ESTABLISH AND MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING        945          

REQUESTS FOR REVIEW FROM OR ON BEHALF OF ENROLLEES WHO, UNDER      946          

SECTION 1751.83 OF THE REVISED CODE, HAVE BEEN DENIED COVERAGE OF  947          

A HEALTH CARE SERVICE OR HAD COVERAGE REDUCED OR TERMINATED WHEN   948          

THE GROUNDS FOR THE DENIAL, REDUCTION, OR TERMINATION IS THAT THE  949          

SERVICE IS NOT A SERVICE COVERED UNDER THE TERMS OF THE            950          

ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT.                         951          

      ON RECEIPT OF A WRITTEN REQUEST FROM AN ENROLLEE OR          953          

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   954          

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    956          

ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT, EXCEPT THAT THE         957          

SUPERINTENDENT SHALL NOT CONDUCT A REVIEW UNDER THIS SECTION       958          

UNLESS THE ENROLLEE HAS EXHAUSTED THE HEALTH INSURING              959          

CORPORATION'S INTERNAL REVIEW PROCESS ESTABLISHED PURSUANT TO                   

SECTION 1751.83 OF THE REVISED CODE.  THE HEALTH INSURING          960          

                                                          21     


                                                                 
CORPORATION AND THE ENROLLEE OR AUTHORIZED PERSON SHALL PROVIDE    961          

THE SUPERINTENDENT WITH ANY INFORMATION REQUIRED BY THE            962          

SUPERINTENDENT THAT IS IN THEIR POSSESSION AND IS GERMANE TO THE   963          

REVIEW.                                                                         

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       965          

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   966          

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         967          

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       968          

ENROLLEE'S CONTRACT, POLICY, OR AGREEMENT.  THE SUPERINTENDENT     969          

SHALL NOTIFY THE ENROLLEE AND THE HEALTH INSURING CORPORATION OF   970          

ITS DETERMINATION OR THAT IT IS NOT ABLE TO MAKE A DETERMINATION.  971          

      IF THE SUPERINTENDENT NOTIFIES THE HEALTH INSURING           973          

CORPORATION THAT MAKING THE DETERMINATION REQUIRES THE RESOLUTION  974          

OF A MEDICAL ISSUE, THE HEALTH INSURING CORPORATION SHALL AFFORD   975          

THE ENROLLEE AN OPPORTUNITY FOR EXTERNAL REVIEW UNDER SECTION      976          

1751.84 OR 1751.85 OF THE REVISED CODE.  IF THE SUPERINTENDENT     977          

NOTIFIES THE HEALTH INSURING CORPORATION THAT THE HEALTH SERVICE   978          

IS A COVERED SERVICE, THE HEALTH INSURING CORPORATION SHALL        979          

EITHER COVER THE SERVICE OR AFFORD THE ENROLLEE AN OPPORTUNITY                  

FOR AN EXTERNAL REVIEW UNDER SECTION 1751.84 OR 1751.85 OF THE     980          

REVISED CODE.  IF THE SUPERINTENDENT NOTIFIES THE HEALTH INSURING  981          

CORPORATION THAT THE HEALTH CARE SERVICE IS NOT A COVERED          982          

SERVICE, THE HEALTH INSURING CORPORATION IS NOT REQUIRED TO COVER  983          

THE SERVICE OR AFFORD THE ENROLLEE AN EXTERNAL REVIEW.             984          

      Sec. 1751.84.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  987          

(C) OF  THIS SECTION, A HEALTH INSURING CORPORATION SHALL AFFORD   989          

AN ENROLLEE AN OPPORTUNITY FOR AN EXTERNAL REVIEW IF BOTH OF THE   990          

FOLLOWING ARE THE CASE:                                                         

      (1)  THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED,    992          

OR TERMINATED COVERAGE FOR WHAT WOULD BE A COVERED HEALTH CARE     995          

SERVICE EXCEPT FOR THE FACT THAT THE HEALTH INSURING CORPORATION   996          

HAS DETERMINED THAT THE HEALTH CARE SERVICE IS NOT MEDICALLY       997          

NECESSARY;                                                                      

      (2)  EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, THE          999          

                                                          22     


                                                                 
SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      1,001        

COST THE ENROLLEE MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED                

SERVICE IS NOT COVERED BY THE HEALTH INSURING CORPORATION.         1,002        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   1,004        

SECTION, EXCEPT THAT IF AN ENROLLEE WITH A TERMINAL CONDITION      1,005        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 1751.85 OF    1,006        

THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      1,008        

THAT SECTION.                                                                   

      (B)  AN ENROLLEE NEED NOT BE AFFORDED A REVIEW UNDER THIS    1,010        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     1,011        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    1,013        

SECTION 1751.831 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE  1,015        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE ENROLLEE'S         1,016        

POLICY, CONTRACT, OR AGREEMENT.                                    1,017        

      (2)  EXCEPT AS PROVIDED IN SECTION 1751.811 OF THE REVISED   1,019        

CODE, THE ENROLLEE HAS FAILED TO EXHAUST THE HEALTH INSURING       1,020        

CORPORATION'S INTERNAL REVIEW PROCESS ESTABLISHED PURSUANT TO      1,021        

SECTION 1751.83 OF THE REVISED CODE.                               1,022        

      (3)  THE ENROLLEE HAS PREVIOUSLY BEEN AFFORDED AN EXTERNAL   1,024        

REVIEW FOR THE SAME ADVERSE DETERMINATION AND NO NEW CLINICAL      1,025        

INFORMATION HAS BEEN SUBMITTED TO THE HEALTH INSURING              1,026        

CORPORATION.                                                                    

      (C)(1)  A HEALTH INSURING CORPORATION MAY DENY A REQUEST     1,028        

FOR AN EXTERNAL REVIEW OF AN ADVERSE DETERMINATION IF IT IS        1,030        

REQUESTED LATER THAN SIXTY DAYS AFTER THE ENROLLEE'S RECEIPT OF    1,031        

NOTICE OF THE RESULT OF AN INTERNAL REVIEW BROUGHT UNDER SECTION   1,033        

1751.83 OF THE REVISED CODE.  AN EXTERNAL REVIEW MAY BE REQUESTED  1,035        

BY THE ENROLLEE, AN AUTHORIZED PERSON, THE ENROLLEE'S PROVIDER,    1,037        

OR A HEALTH CARE FACILITY RENDERING HEALTH CARE SERVICE TO THE     1,038        

ENROLLEE.  THE ENROLLEE MAY REQUEST A REVIEW WITHOUT THE APPROVAL  1,039        

OF THE PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE HEALTH   1,040        

CARE SERVICE.  THE PROVIDER OR HEALTH CARE FACILITY MAY NOT        1,041        

REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF THE ENROLLEE.        1,042        

      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        1,044        

                                                          23     


                                                                 
EXCEPT THAT IF THE ENROLLEE HAS A CONDITION THAT REQUIRES          1,045        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         1,046        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   1,047        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED    1,049        

TO THE HEALTH INSURING CORPORATION NOT LATER THAN FIVE DAYS AFTER  1,050        

THE ORAL OR WRITTEN REQUEST IS SUBMITTED.                          1,051        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  1,053        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  1,055        

THE ENROLLEE'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE  1,056        

HEALTH CARE SERVICE TO THE ENROLLEE THAT THE PROPOSED SERVICE,                  

PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL COST THE      1,057        

ENROLLEE MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED SERVICE    1,058        

IS NOT COVERED BY THE HEALTH INSURING CORPORATION.                 1,059        

      (3)  FOR AN EXPEDITED REVIEW, THE ENROLLEE'S PROVIDER MUST   1,061        

CERTIFY THAT THE ENROLLEE'S CONDITION COULD, IN THE ABSENCE OF     1,062        

IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE FOLLOWING:       1,064        

      (a)  PLACING THE HEALTH OF THE ENROLLEE OR, WITH RESPECT TO  1,066        

A PREGNANT WOMAN, THE HEALTH OF THE ENROLLEE OR THE UNBORN CHILD,  1,067        

IN SERIOUS JEOPARDY;                                               1,068        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 1,070        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        1,072        

      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    1,074        

OF AN ADVERSE DETERMINATION SHALL INCLUDE ALL OF THE FOLLOWING:    1,075        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  1,077        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     1,078        

SECTION 3901.80 OF THE REVISED CODE.                               1,079        

      (2)  EXCEPT AS PROVIDED IN DIVISION (D)(3) AND (4) OF THIS   1,081        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    1,083        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          1,085        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   1,086        

FOLLOWING:                                                                      

      (a)  THE HEALTH INSURING CORPORATION OR ANY OFFICER,         1,088        

DIRECTOR, OR MANAGERIAL EMPLOYEE OF THE HEALTH INSURING            1,089        

CORPORATION;                                                                    

                                                          24     


                                                                 
      (b)  THE ENROLLEE, THE ENROLLEE'S PROVIDER, OR THE PRACTICE  1,091        

GROUP OF THE ENROLLEE'S PROVIDER;                                  1,092        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       1,094        

SERVICE REQUESTED BY THE ENROLLEE WOULD BE PROVIDED;               1,095        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   1,097        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE ENROLLEE.           1,098        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     1,100        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  1,101        

CIRCUMSTANCES:                                                                  

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        1,103        

MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF  1,104        

THE HEALTH INSURING CORPORATION.                                   1,105        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      1,107        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF   1,108        

THE HEALTH INSURING CORPORATION.                                   1,109        

      (c)  THE CLINICAL PEER IS A PARTICIPATING PROVIDER BUT WAS   1,111        

NOT INVOLVED WITH THE HEALTH INSURING CORPORATION'S ADVERSE        1,112        

DETERMINATION.                                                                  

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   1,114        

HEALTH INSURING CORPORATION FROM PAYING THE INDEPENDENT REVIEW     1,115        

ORGANIZATION FOR THE CONDUCT OF THE REVIEW.                        1,116        

      (5)  AN ENROLLEE SHALL NOT BE REQUIRED TO PAY FOR ANY PART   1,118        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  1,119        

BY THE HEALTH INSURING CORPORATION.                                1,120        

      (6)(a)  THE HEALTH INSURING CORPORATION SHALL PROVIDE TO     1,123        

THE INDEPENDENT REVIEW ORGANIZATION CONDUCTING THE REVIEW A COPY   1,124        

OF THOSE RECORDS IN ITS POSSESSION THAT ARE RELEVANT TO THE        1,125        

ENROLLEE'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL    1,126        

BE USED SOLELY FOR THE PURPOSE OF THIS DIVISION.                   1,127        

      AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION, THE   1,130        

HEALTH INSURING CORPORATION, ENROLLEE, OR THE PROVIDER OR HEALTH   1,131        

CARE FACILITY RENDERING HEALTH CARE SERVICES TO THE ENROLLEE       1,132        

SHALL PROVIDE ANY ADDITIONAL INFORMATION THE INDEPENDENT REVIEW    1,133        

ORGANIZATION REQUESTS TO COMPLETE THE REVIEW.  A REQUEST FOR       1,135        

                                                          25     


                                                                 
ADDITIONAL INFORMATION MAY BE MADE IN WRITING, ORALLY, OR BY                    

ELECTRONIC MEANS.  THE INDEPENDENT REVIEW ORGANIZATION SHALL       1,137        

SUBMIT THE REQUEST TO THE ENROLLEE AND HEALTH INSURING             1,138        

CORPORATION.  IF A REQUEST IS SUBMITTED ORALLY OR BY ELECTRONIC    1,139        

MEANS TO AN ENROLLEE OR HEALTH INSURING CORPORATION, NOT LATER     1,140        

THAN FIVE DAYS AFTER THE REQUEST IS SUBMITTED, THE INDEPENDENT     1,141        

REVIEW ORGANIZATION SHALL PROVIDE WRITTEN CONFIRMATION OF THE      1,142        

REQUEST.  IF THE REVIEW WAS INITIATED BY A PROVIDER OR HEALTH      1,143        

CARE FACILITY, A COPY OF THE REQUEST SHALL BE SUBMITTED TO THE     1,144        

PROVIDER OR HEALTH CARE FACILITY.                                               

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   1,146        

MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   1,147        

THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  1,149        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  1,150        

SHALL NOTIFY THE ENROLLEE AND THE HEALTH INSURING CORPORATION      1,151        

THAT A DECISION IS NOT BEING MADE.  THE NOTICE MAY BE MADE IN      1,152        

WRITING, ORALLY, OR BY ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC    1,153        

NOTICE SHALL BE CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS      1,154        

AFTER THE ORAL OR ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS    1,155        

INITIATED BY A PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE     1,156        

NOTICE SHALL BE SUBMITTED TO THE PROVIDER OR HEALTH CARE           1,157        

FACILITY.                                                                       

      (7)  THE HEALTH INSURING CORPORATION MAY ELECT TO COVER THE  1,160        

SERVICE REQUESTED AND TERMINATE THE REVIEW.  THE HEALTH INSURING   1,161        

CORPORATION SHALL NOTIFY THE ENROLLEE AND ALL OTHER PARTIES        1,162        

INVOLVED WITH THE DECISION BY MAIL OR, WITH THE CONSENT OR         1,163        

APPROVAL OF THE ENROLLEE, BY ELECTRONIC MEANS.                                  

      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           1,165        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  1,166        

THE FOLLOWING:                                                                  

      (a)  INFORMATION SUBMITTED BY THE HEALTH INSURING            1,168        

CORPORATION, THE ENROLLEE, THE ENROLLEE'S PROVIDER, AND THE        1,169        

HEALTH CARE FACILITY RENDERING THE HEALTH CARE SERVICE, INCLUDING  1,171        

THE FOLLOWING:                                                                  

                                                          26     


                                                                 
      (i)  THE ENROLLEE'S MEDICAL RECORDS;                         1,173        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   1,175        

BY THE HEALTH INSURING CORPORATION TO MAKE ITS DECISION.           1,176        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         1,177        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         1,178        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY  1,180        

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE                      

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   1,183        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        1,184        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        1,185        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   1,186        

AND RESEARCH;                                                      1,187        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           1,189        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            1,190        

RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY     1,191        

RELEVANT NATIONAL MEDICAL SOCIETIES.                               1,192        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  1,194        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  1,195        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     1,199        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    1,202        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     1,203        

COPY OF ITS DECISION TO THE HEALTH INSURING CORPORATION AND THE    1,204        

ENROLLEE.  IF THE ENROLLEE'S PROVIDER OR THE HEALTH CARE FACILITY  1,205        

RENDERING HEALTH CARE SERVICES TO THE ENROLLEE REQUESTED THE       1,206        

REVIEW, THE INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A      1,207        

COPY OF ITS DECISION TO THE ENROLLEE'S PROVIDER OR THE HEALTH      1,208        

CARE FACILITY.                                                     1,209        

      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    1,211        

INCLUDE A DESCRIPTION OF THE ENROLLEE'S CONDITION AND THE          1,213        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       1,214        

CLINICAL RATIONALE FOR THE DECISION.                               1,215        

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      1,217        

DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     1,218        

                                                          27     


                                                                 
THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      1,219        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     1,220        

AND COST EFFECTIVENESS.                                                         

      (F)  THE HEALTH INSURING CORPORATION SHALL PROVIDE ANY       1,222        

COVERAGE DETERMINED BY THE INDEPENDENT REVIEW ORGANIZATION'S       1,223        

DECISION TO BE MEDICALLY NECESSARY, SUBJECT TO THE OTHER TERMS,    1,224        

LIMITATIONS, AND CONDITIONS OF THE ENROLLEE'S CONTRACT.  THE       1,225        

DECISION SHALL APPLY ONLY TO THE INDIVIDUAL ENROLLEE'S EXTERNAL    1,226        

REVIEW.                                                                         

      Sec. 1753.24 1751.85.  (A)  Each health insuring             1,235        

corporation shall establish a reasonable external, independent     1,238        

review process to examine the health insuring corporation's        1,239        

coverage decisions for enrollees who meet all of the following     1,240        

criteria:                                                                       

      (1)  The enrollee has a terminal condition that, according   1,242        

to the current diagnosis of the enrollee's physician, has a high   1,243        

probability of causing death within two years.                     1,244        

      (2)  THE ENROLLEE REQUESTS A REVIEW NOT LATER THAN SIXTY     1,247        

DAYS AFTER RECEIPT BY THE ENROLLEE OF NOTICE OF THE RESULT OF AN   1,248        

INTERNAL REVIEW UNDER SECTION 1751.83 OF THE REVISED CODE.         1,249        

      (3)  The enrollee's physician certifies that the enrollee    1,251        

has the condition described in division (A)(1) of this section     1,253        

and any of the following situations are applicable:                1,254        

      (a)  Standard therapies have not been effective in           1,256        

improving the condition of the enrollee;                           1,258        

      (b)  Standard therapies are not medically appropriate for    1,261        

the enrollee;                                                                   

      (c)  There is no standard therapy covered by the health      1,264        

insuring corporation that is more beneficial than therapy          1,265        

described in division (A)(3)(4) of this section.                   1,266        

      (3)(4)  The enrollee's physician has recommended a drug,     1,268        

device, procedure, or other therapy that the physician certifies,  1,270        

in writing, is likely to be more beneficial to the enrollee, in    1,271        

the physician's opinion, than standard therapies, or, the          1,273        

                                                          28     


                                                                 
enrollee has requested a therapy that has been found in a                       

preponderance of peer-reviewed published studies to be associated  1,274        

with effective clinical outcomes for the same condition.           1,275        

      (4)(5)  The enrollee has been denied coverage by the health  1,277        

insuring corporation for a drug, device, procedure, or other       1,281        

therapy recommended or requested pursuant to division (A)(3)(4)    1,282        

of this section, and has exhausted all THE HEALTH INSURING         1,283        

CORPORATION'S internal appeals REVIEW PROCESS ESTABLISHED          1,284        

PURSUANT TO SECTION 1751.83 OF THE REVISED CODE.                   1,286        

      (5)(6)  The drug, device, procedure, or other therapy,       1,288        

recommended or requested pursuant to division (A)(3) of this       1,291        

section, FOR WHICH COVERAGE HAS BEEN DENIED would be a covered     1,292        

health care service except for the health insuring corporation's   1,294        

determination that the drug, device, procedure, or other therapy   1,296        

is experimental or investigational.                                             

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  1,298        

THE ENROLLEE'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE        1,299        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        1,300        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    1,301        

ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             1,302        

CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE HEALTH                    

INSURING CORPORATION NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    1,303        

WRITTEN REQUEST IS SUBMITTED.                                      1,304        

      (C)  The external, independent review process established    1,307        

by a health insuring corporation shall meet all of the following   1,308        

criteria:                                                                       

      (1)  Except as provided in division (C)(E) of this section,  1,310        

the process shall offer AFFORD all enrollees who meet the          1,312        

criteria set forth in division (A) of this section the             1,314        

opportunity to have the health insuring corporation's decision to  1,315        

deny coverage of the recommended or requested therapy reviewed     1,317        

under the process.  Each eligible enrollee shall be notified of    1,319        

that opportunity within five business days after the health        1,320        

insuring corporation denies coverage.                                           

                                                          29     


                                                                 
      (2)  The review of the health insuring corporation's         1,322        

decision shall be conducted by experts selected by an independent  1,323        

entity that has been retained by the health insuring corporation   1,325        

for this purpose.  The independent entity shall be either an       1,328        

academic medical center or an entity that has as its primary       1,330        

function, and that receives a majority of its revenue from, the    1,331        

provision of expert reviews and related services REVIEW            1,332        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     1,333        

SECTION 3901.80 OF THE REVISED CODE.                               1,334        

      The independent entity REVIEW ORGANIZATION shall select a    1,336        

panel to conduct the review, which panel shall be composed of at   1,339        

least three physicians or other providers who, THROUGH CLINICAL    1,340        

EXPERIENCE IN THE PAST THREE YEARS, are experts in the treatment   1,341        

of the enrollee's medical condition and knowledgeable about the    1,343        

recommended or requested therapy.  If the independent entity       1,344        

retained by the health insuring corporation is an academic         1,346        

medical center, the panel may include experts affiliated with or   1,347        

employed by the academic medical center.                           1,348        

      In either of the following circumstances, an exception may   1,351        

be made to the requirement that the review be conducted by an      1,352        

expert panel composed of a minimum of three physicians or other    1,353        

providers:                                                                      

      (a)  A review may be conducted by an expert panel composed   1,356        

of only two physicians or other providers if an enrollee has       1,357        

consented in writing to a review by the smaller panel;             1,358        

      (b)  A review may be conducted by a single expert physician  1,361        

or other provider if only one expert physician or other provider   1,362        

is available for the review.                                                    

      (3)  Neither the health insuring corporation nor the         1,364        

enrollee shall choose, or control the choice of, the physician or  1,366        

other provider experts.                                                         

      (4)  Neither the THE SELECTED experts nor, ANY HEALTH CARE   1,369        

FACILITY WITH WHICH AN EXPERT IS AFFILIATED, AND the independent   1,370        

entity REVIEW ORGANIZATION arranging for the experts' review,      1,371        

                                                          30     


                                                                 
shall NOT have any professional, familial, or financial            1,372        

affiliation with the ANY OF THE FOLLOWING:                                      

      (a)  THE health insuring corporation, except that OR ANY     1,375        

OFFICER, DIRECTOR, OR MANAGERIAL EMPLOYEE OF THE HEALTH INSURING                

CORPORATION;                                                       1,376        

      (b)  THE ENROLLEE, THE ENROLLEE'S PHYSICIAN, OR THE          1,378        

PRACTICE GROUP OF THE ENROLLEE'S PHYSICIAN;                        1,379        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR    1,381        

REQUESTED THERAPY WOULD BE PROVIDED;                               1,382        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   1,384        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       1,385        

REQUESTED THERAPY.                                                 1,386        

      HOWEVER, experts affiliated with academic medical centers    1,389        

who provide healthcare HEALTH CARE services to enrollees of the    1,390        

health insuring corporation may serve as experts on the review     1,392        

panel.  This FURTHER, EXPERTS WITH STAFF PRIVILEGES AT A HEALTH    1,394        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF   1,395        

THE HEALTH INSURING CORPORATION, AS WELL AS EXPERTS WHO ARE        1,396        

PARTICIPATING PROVIDERS, BUT WHO WERE NOT INVOLVED WITH THE        1,397        

HEALTH INSURING CORPORATION'S DENIAL OF COVERAGE FOR THE THERAPY   1,398        

UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  THESE     1,399        

nonaffiliation provision does PROVISIONS DO not preclude a health  1,401        

insuring corporation from paying for the experts' review, as                    

specified in division (B)(C)(5) of this section.  The experts      1,403        

shall have no patient-physician relationship or other affiliation  1,405        

with an enrollee whose request for therapy is under review or      1,406        

with a provider whose recommendation for therapy is under review.  1,407        

      (5)  Enrollees shall not be required to pay for ANY PART OF  1,409        

the external, independent COST OF THE review.  The costs COST of   1,411        

the review shall be borne by the health insuring corporation.      1,413        

      (6)  The health insuring corporation shall provide to the    1,415        

independent entity REVIEW ORGANIZATION arranging for the experts'  1,416        

review and to the enrollee and the enrollee's physician a copy of  1,417        

those medical records in the health insuring corporation's         1,418        

                                                          31     


                                                                 
possession that are relevant to the enrollee's MEDICAL condition   1,421        

for which therapy has been recommended or requested AND THE        1,422        

REVIEW.  The medical records shall be disclosed solely to the      1,425        

expert reviewers and shall be used solely for the purpose of this               

section.  AT THE REQUEST OF THE EXPERT REVIEWERS, THE HEALTH       1,427        

INSURING CORPORATION OR THE PHYSICIAN RECOMMENDING THE THERAPY     1,428        

SHALL PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT           1,429        

REVIEWERS REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS   1,430        

NOT REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT          1,431        

RECEIVED ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS     1,432        

NECESSARY TO COMPLETE THE REVIEW.                                  1,433        

      (7)(a)  The opinions of the experts on the panel shall be    1,435        

rendered within thirty days after the enrollee's request for       1,438        

review.  If the enrollee's physician determines that a therapy     1,440        

would be significantly less effective if not promptly initiated,   1,441        

the opinions shall be rendered within seven days after the                      

enrollee's request for review.                                     1,442        

      (b)  IN CONDUCTING THE REVIEW, THE CLINICAL PEERS ON THE     1,444        

PANEL SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                1,446        

      (i)  INFORMATION SUBMITTED BY THE HEALTH INSURING            1,448        

CORPORATION, THE ENROLLEE, AND THE ENROLLEE'S PHYSICIAN,           1,449        

INCLUDING THE ENROLLEE'S MEDICAL RECORDS AND THE STANDARDS,        1,450        

CRITERIA, AND CLINICAL RATIONALE USED BY THE HEALTH INSURING       1,451        

CORPORATION TO REACH ITS COVERAGE DECISION;                        1,452        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        1,454        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         1,455        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         1,457        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         1,458        

RECOGNIZED MEDICAL EXPERTS;                                        1,459        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       1,461        

MEDICAL SOCIETIES;                                                 1,462        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             1,464        

EFFECTIVENESS.                                                                  

                                                          32     


                                                                 
      (8)  Each expert on the panel shall provide the independent  1,466        

entity REVIEW ORGANIZATION with a professional opinion as to       1,468        

whether there is sufficient evidence to demonstrate that the       1,469        

recommended or requested therapy is likely to be more beneficial                

to the enrollee than standard therapies.                           1,471        

      (9)  Each expert's opinion shall be presented in written     1,473        

form and shall include the following information:                  1,475        

      (a)  A description of the enrollee's condition;              1,477        

      (b)  A description of the indicators relevant to             1,479        

determining whether there is sufficient evidence to demonstrate    1,480        

that the recommended or requested therapy is more likely than not  1,482        

to be more beneficial to the enrollee than standard therapies;     1,483        

      (c)  A description and analysis of any relevant findings     1,485        

published in peer-reviewed medical or scientific literature or     1,486        

the published opinions of medical experts or specialty societies;  1,487        

      (d)  A description of the enrollee's suitability to receive  1,489        

the recommended or requested therapy according to a treatment      1,490        

protocol in a clinical trial, if applicable.                       1,492        

      (10)  The independent entity REVIEW ORGANIZATION shall       1,494        

provide the health insuring corporation with the opinions of the   1,496        

experts.  The health insuring corporation shall make the experts'  1,497        

opinions available to the enrollee and the enrollee's physician,   1,499        

upon request.                                                                   

      (11)  The decision OPINION of the majority of the experts    1,501        

on the panel, rendered pursuant to division (B)(C)(8) of this      1,503        

section, is binding on the health insuring corporation with        1,505        

respect to that enrollee.  If the opinions of the experts on the   1,506        

panel are evenly divided as to whether the therapy should be       1,507        

covered, then the health insuring corporation's final decision     1,508        

shall be in favor of coverage.  If less than a majority of the     1,510        

experts on the panel recommend coverage of the therapy, the        1,511        

health insuring corporation may, in its discretion, cover the      1,512        

therapy.  However, any coverage provided pursuant to division      1,513        

(B)(C)(11) of this section is subject to the terms, LIMITATIONS,   1,515        

                                                          33     


                                                                 
and conditions of the enrollee's contract with the health          1,517        

insuring corporation.                                                           

      (12)  The health insuring corporation shall have written     1,519        

policies describing the external, independent review process.      1,521        

The health insuring corporation shall disclose the availability    1,522        

of the external, independent review process in the health          1,523        

insuring corporation's evidence of coverage and disclosure forms.  1,525        

      (C)(D)  AT ANY TIME DURING THE EXTERNAL, INDEPENDENT REVIEW  1,528        

PROCESS, THE HEALTH INSURING CORPORATION MAY ELECT TO COVER THE    1,529        

RECOMMENDED OR REQUESTED HEALTH CARE SERVICE AND TERMINATE THE     1,530        

REVIEW.  THE HEALTH INSURING CORPORATION SHALL NOTIFY THE          1,531        

ENROLLEE AND ALL OTHER PARTIES INVOLVED BY MAIL OR, WITH THE       1,532        

CONSENT OR APPROVAL OF THE ENROLLEE, BY ELECTRONIC MEANS.          1,533        

      (E)  If a health insuring corporation's initial denial of    1,535        

coverage for a therapy recommended or requested pursuant to        1,536        

division (A)(3)(4) of this section is based upon an external,      1,537        

independent review of that therapy meeting the requirements of     1,538        

division (B)(C) of this section, this section shall not be a       1,539        

basis for requiring a second external, independent review of the   1,540        

recommended or requested therapy.                                  1,541        

      (D)(F)  The health insuring corporation shall annually file  1,543        

a certificate with the superintendent of insurance certifying its  1,544        

compliance with the requirements of this section.                  1,545        

      Sec. 1751.87.  NOTHING IN SECTIONS 1751.77 TO 1751.85 OF     1,547        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    1,548        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       1,551        

EMPLOYEES THROUGH A HEALTH INSURING CORPORATION;                                

      (B)  A CLINICAL PEER OR INDEPENDENT REVIEW ORGANIZATION      1,553        

THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER SECTION 1751.84 OR   1,555        

1751.85 OF THE REVISED CODE;                                                    

      (C)  A HEALTH INSURING CORPORATION THAT PROVIDES COVERAGE    1,558        

FOR BENEFITS IN ACCORDANCE WITH DIVISION (F) OF SECTION 1751.84    1,559        

OR DIVISION (C)(11) OF SECTION 1751.85 OF THE REVISED CODE.        1,561        

                                                          34     


                                                                 
      Sec. 1751.88.  CONSISTENT WITH THE RULES OF EVIDENCE, A      1,564        

WRITTEN DECISION OR OPINION PREPARED BY OR FOR AN INDEPENDENT      1,565        

REVIEW ORGANIZATION UNDER SECTION 1751.84 OR 1751.85 OF THE        1,567        

REVISED CODE SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO    1,568        

THE COVERAGE DECISION THAT WAS THE SUBJECT OF THE DECISION OR      1,569        

OPINION.  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION OR        1,570        

OPINION SHALL BE PRESUMED TO BE A SCIENTIFICALLY VALID AND         1,573        

ACCURATE DESCRIPTION OF THE STATE OF MEDICAL KNOWLEDGE AT THE                   

TIME IT WAS WRITTEN.                                               1,574        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  1,576        

ACTION RELATED TO A HEALTH INSURING CORPORATION'S COVERAGE         1,577        

DECISION INVOLVING AN INVESTIGATIONAL OR EXPERIMENTAL DRUG,        1,579        

DEVICE, OR TREATMENT MAY INTRODUCE INTO EVIDENCE ANY APPLICABLE    1,580        

MEDICARE REIMBURSEMENT STANDARDS ESTABLISHED UNDER TITLE XVIII OF  1,581        

THE "SOCIAL SECURITY ACT," 49 STAT. 620(1935), 42 U.S.C.A. 301,    1,583        

AS AMENDED.                                                        1,584        

      Sec. 1751.89.  SECTIONS 1751.77 TO 1751.85 OF THE REVISED    1,587        

CODE DO NOT APPLY TO EITHER OF THE FOLLOWING:                                   

      (A)  COVERAGE PROVIDED TO BENEFICIARIES ENROLLED IN THE      1,589        

MEDICARE+CHOICE PROGRAM OPERATED UNDER TITLE XVIII OF THE "SOCIAL  1,591        

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED;   1,592        

      (B)  COVERAGE PROVIDED TO RECIPIENTS OF ASSISTANCE UNDER     1,594        

THE MEDICAID PROGRAM OPERATED PURSUANT TO CHAPTER 5111. OF THE     1,596        

REVISED CODE.                                                                   

      Sec. 1753.13.  EVERY INDIVIDUAL OR GROUP HEALTH INSURING     1,598        

CORPORATION POLICY, CONTRACT, OR AGREEMENT THAT PROVIDES BASIC     1,599        

HEALTH CARE SERVICES BUT DOES NOT ALLOW DIRECT ACCESS TO           1,600        

OBSTETRICIANS OR GYNECOLOGISTS SHALL PERMIT A FEMALE ENROLLEE TO   1,601        

OBTAIN COVERED OBSTETRIC AND GYNECOLOGICAL SERVICES FROM A         1,602        

PARTICIPATING OBSTETRICIAN OR GYNECOLOGIST WITHOUT OBTAINING A     1,604        

REFERRAL FROM THE ENROLLEE'S PRIMARY CARE PROVIDER.                1,605        

      NO INDIVIDUAL OR GROUP HEALTH INSURING CORPORATION POLICY,   1,607        

CONTRACT, OR AGREEMENT MAY LIMIT THE NUMBER OF ALLOWABLE VISITS    1,608        

TO A PARTICIPATING OBSTETRICIAN OR GYNECOLOGIST.  A HEALTH         1,609        

                                                          35     


                                                                 
INSURING CORPORATION MAY REQUIRE A PARTICIPATING OBSTETRICIAN OR   1,610        

GYNECOLOGIST TO COMPLY WITH THE HEALTH INSURING CORPORATION'S      1,611        

COVERAGE PROTOCOLS AND PROCEDURES, INCLUDING UTILIZATION REVIEW,   1,612        

FOR OBSTETRIC AND GYNECOLOGICAL SERVICES.                          1,613        

      A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR           1,615        

AGREEMENT MAY NOT IMPOSE ADDITIONAL COPAYMENTS FOR DIRECTLY        1,617        

ACCESSED OBSTETRIC AND GYNECOLOGICAL SERVICES, UNLESS THE POLICY,  1,618        

CONTRACT, OR AGREEMENT IMPOSES ADDITIONAL COPAYMENTS FOR DIRECT                 

ACCESS TO ANY PARTICIPATING PROVIDER OTHER THAN A PRIMARY CARE     1,619        

PROVIDER.                                                                       

      Sec. 3901.80.  AS USED IN SECTIONS 3901.80 TO 3901.83 OF     1,621        

THE REVISED CODE, "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME    1,622        

MEANINGS AS IN SECTION 1751.77 OF THE REVISED CODE.                             

      (A)  THE SUPERINTENDENT OF INSURANCE SHALL ACCREDIT          1,625        

INDEPENDENT REVIEW ORGANIZATIONS FOR THE PURPOSES OF EXTERNAL                   

REVIEWS CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67,        1,627        

3923.68, 3923.76, AND 3923.77 OF THE REVISED CODE.  THE                         

SUPERINTENDENT MAY, IN ACCORDANCE WITH CHAPTER 119. OF THE         1,628        

REVISED CODE AND IN CONSULTATION WITH THE DIRECTOR OF HEALTH,      1,629        

ADOPT RULES GOVERNING THE ACCREDITATION OF INDEPENDENT REVIEW      1,630        

ORGANIZATIONS.  IN DEVELOPING THE RULES, THE SUPERINTENDENT MAY    1,631        

TAKE INTO CONSIDERATION THE STANDARDS ESTABLISHED BY NATIONAL      1,632        

ORGANIZATIONS THAT ACCREDIT ORGANIZATIONS PROVIDING EXPERT         1,633        

REVIEWS AND RELATED SERVICES.  THE SUPERINTENDENT, AFTER           1,634        

REVIEWING THE ACCREDITATION PROCESS USED BY A NATIONAL             1,635        

ORGANIZATION TO ACCREDIT AN INDEPENDENT REVIEW ORGANIZATION, MAY   1,636        

DETERMINE THAT ACCREDITATION BY THE NATIONAL ORGANIZATION          1,637        

CONSTITUTES ACCREDITATION BY THE SUPERINTENDENT.  THE              1,638        

SUPERINTENDENT SHALL NOT ACCREDIT ANY INDEPENDENT REVIEW           1,639        

ORGANIZATION THAT IS OPERATED BY A NATIONAL, STATE, OR LOCAL                    

TRADE ASSOCIATION OF HEALTH BENEFIT PLANS OR HEALTH CARE           1,640        

PROVIDERS.                                                                      

      (B)  EACH INDEPENDENT REVIEW ORGANIZATION SHALL USE THE      1,642        

SERVICES OF CLINICAL PEERS OUTSIDE THE STAFF OF THE INDEPENDENT    1,643        

                                                          36     


                                                                 
REVIEW ORGANIZATION TO CONDUCT EXTERNAL REVIEWS.  NONE OF THE      1,644        

FOLLOWING SHALL CHOOSE, OR CONTROL THE CHOICE OF, THE CLINICAL     1,645        

PEERS:                                                                          

      (1)  A HEALTH INSURING CORPORATION;                          1,647        

      (2)  AN ENROLLEE;                                            1,649        

      (3)  AN INSURER;                                             1,651        

      (4)  AN INSURED;                                             1,653        

      (5)  A PUBLIC EMPLOYEE BENEFIT PLAN;                         1,655        

      (6)  A PLAN MEMBER.                                          1,657        

      (C)  THE SUPERINTENDENT SHALL MAINTAIN A RANDOMLY ORGANIZED  1,659        

ROSTER OF INDEPENDENT REVIEW ORGANIZATIONS ACCREDITED UNDER THIS   1,660        

SECTION FOR PURPOSES OF ASSIGNING INDEPENDENT REVIEW               1,661        

ORGANIZATIONS TO CONDUCT EXTERNAL REVIEWS.  THE SUPERINTENDENT     1,662        

MAY, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT    1,663        

RULES GOVERNING THE ASSIGNMENT OF INDEPENDENT REVIEW               1,664        

ORGANIZATIONS.                                                                  

      ON RECEIPT OF A REQUEST BY A HEALTH INSURING CORPORATION,    1,666        

INSURER, OR PUBLIC EMPLOYEE BENEFIT PLAN, THE SUPERINTENDENT       1,667        

SHALL RANDOMLY ASSIGN TWO INDEPENDENT REVIEW ORGANIZATIONS THAT    1,668        

ARE ACCREDITED UNDER DIVISION (A) OF THIS SECTION.  AFTER RECEIPT  1,669        

OF THE NAMES OF THE TWO INDEPENDENT REVIEW ORGANIZATIONS, THE      1,671        

HEALTH INSURING CORPORATION, INSURER, OR PUBLIC EMPLOYEE BENEFIT   1,672        

PLAN SHALL SELECT ONE OF THE ASSIGNED INDEPENDENT REVIEW                        

ORGANIZATIONS TO CONDUCT THE EXTERNAL REVIEW.                      1,673        

      NO HEALTH INSURING CORPORATION, INSURER, OR PUBLIC EMPLOYEE  1,675        

BENEFIT PLAN SHALL ENGAGE IN A PATTERN OF EXCLUDING A PARTICULAR   1,676        

INDEPENDENT REVIEW ORGANIZATION BASED ON PREVIOUS FINDINGS ON      1,677        

BEHALF OF ENROLLEES, INSUREDS, OR PLAN MEMBERS.  IF THE            1,678        

SUPERINTENDENT MAKES SUCH A FINDING, IT IS AN UNFAIR TRADE         1,679        

PRACTICE.                                                                       

      Sec. 3901.81.  AN INDEPENDENT REVIEW ORGANIZATION SELECTED   1,681        

UNDER SECTION 3901.80 OF THE REVISED CODE TO CONDUCT AN EXTERNAL   1,682        

REVIEW UNDER SECTION 1751.84, 3923.67, OR 3923.76 OF THE REVISED   1,683        

CODE SHALL UTILIZE THE SERVICES OF CLINICAL PEERS WHO HAVE         1,684        

                                                          37     


                                                                 
EXPERTISE IN THE TREATMENT OF THE MEDICAL CONDITION OF THE         1,686        

ENROLLEE, INSURED, OR PLAN MEMBER AND CLINICAL EXPERIENCE IN THE   1,687        

PAST THREE YEARS WITH THE SERVICE REQUESTED OR RECOMMENDED BY THE  1,688        

ENROLLEE, INSURED, OR PLAN MEMBER OR THE PROVIDER OF THE           1,689        

ENROLLEE, INSURED, OR PLAN MEMBER.  THE REVIEW SHALL BE CONDUCTED  1,690        

BY A SINGLE CLINICAL PEER, UNLESS THE HEALTH INSURING              1,691        

CORPORATION, INSURER, OR PUBLIC EMPLOYEE BENEFIT PLAN DETERMINES   1,693        

THAT MORE THAN ONE CLINICAL PEER IS NEEDED.  THE CLINICAL PEER     1,694        

MUST HOLD A LICENSE THAT IS NOT RESTRICTED IN ANY MANNER BY THE    1,695        

STATE IN WHICH THE CLINICAL PEER IS LICENSED.  THE CLINICAL PEER   1,696        

SHALL NOT HAVE BEEN DISCIPLINED OR SANCTIONED BY A HOSPITAL OR     1,698        

GOVERNMENT ENTITY BASED ON THE QUALITY OF CARE PROVIDED BY THE     1,699        

CLINICAL PEER.  IN THE CASE OF A PHYSICIAN, THE CLINICAL PEER      1,700        

MUST BE CERTIFIED BY A NATIONALLY RECOGNIZED MEDICAL SPECIALTY     1,701        

BOARD IN THE AREA THAT IS THE SUBJECT OF THE REVIEW.                            

      Sec. 3901.82.  (A)  EACH INDEPENDENT REVIEW ORGANIZATION     1,704        

THAT CONDUCTS EXTERNAL REVIEWS UNDER SECTION 1751.84, 1751.85,     1,708        

3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED CODE SHALL    1,709        

ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE SUPERINTENDENT    1,711        

OF INSURANCE IN A FORMAT PRESCRIBED BY THE SUPERINTENDENT:         1,712        

      (1)  THE NUMBER OF REVIEWS CONDUCTED;                        1,714        

      (2)  THE NUMBER OF REVIEWS DECIDED IN FAVOR OF ENROLLEES,    1,716        

INSUREDS, AND PLAN MEMBERS AND THE NUMBER DECIDED IN FAVOR OF      1,718        

HEALTH INSURING CORPORATIONS, INSURERS, AND PUBLIC EMPLOYEE        1,719        

BENEFIT PLANS;                                                                  

      (3)  THE AVERAGE TIME REQUIRED TO CONDUCT A REVIEW;          1,721        

      (4)  THE NUMBER AND PERCENTAGE OF REVIEWS IN WHICH A         1,723        

DECISION WAS NOT REACHED IN THE TIME REQUIRED UNDER DIVISION (D)   1,724        

OF SECTION 1751.84, DIVISION (C) OF SECTION 1751.85, DIVISION (D)  1,725        

OF SECTION 3923.67, DIVISION (C) OF SECTION 3923.68, DIVISION (D)  1,727        

OF SECTION 3923.76, OR DIVISION (C) OF SECTION 3923.77 OF THE      1,728        

REVISED CODE;                                                      1,729        

      (5)  A SUMMARY OF THE DIAGNOSES, DRUGS, DEVICES, SERVICES,   1,731        

PROCEDURES, AND THERAPIES THAT HAVE BEEN THE SUBJECT OF EXTERNAL   1,732        

                                                          38     


                                                                 
REVIEW;                                                                         

      (6)  THE COSTS ASSOCIATED WITH EXTERNAL REVIEWS, INCLUDING   1,734        

THE RATES CHARGED BY THE INDEPENDENT REVIEW ORGANIZATION TO        1,736        

CONDUCT THE REVIEWS;                                                            

      (7)  THE MEDICAL SPECIALTY OR TYPE OF PROVIDER USED TO       1,738        

CONDUCT EACH EXTERNAL REVIEW, AS RELATED TO THE SPECIFIC MEDICAL   1,739        

CONDITION OF THE ENROLLEE, INSURED, OR PLAN MEMBER;                1,740        

      (8)  ANY ADDITIONAL INFORMATION REQUIRED BY THE              1,742        

SUPERINTENDENT BY RULE ADOPTED PURSUANT TO DIVISION (C) OF THIS    1,743        

SECTION.                                                                        

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL COMPLY WITH       1,745        

APPLICABLE STATE AND FEDERAL LAWS RELATED TO THE CONFIDENTIALITY   1,746        

OF MEDICAL RECORDS.                                                             

      (C)  THE SUPERINTENDENT MAY, IN ACCORDANCE WITH CHAPTER      1,748        

119. OF THE REVISED CODE, ADOPT RULES REQUIRING INDEPENDENT        1,751        

REVIEW ORGANIZATIONS TO PROVIDE ADDITIONAL INFORMATION ON THE      1,753        

CONSIDERATION AND DISPOSITION OF EXTERNAL REVIEWS BROUGHT UNDER    1,756        

SECTION 1751.84, 1751.85, 3923.67, 3923.68, 3923.76, OR 3923.77                 

OF THE REVISED CODE.                                               1,757        

      (D)  THE SUPERINTENDENT SHALL COMPILE AND ANNUALLY PUBLISH   1,759        

THE INFORMATION COLLECTED UNDER THIS SECTION AND REPORT THE        1,762        

INFORMATION TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF    1,763        

THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND MINORITY LEADER    1,765        

OF THE SENATE, AND THE CHAIRS AND RANKING MINORITY MEMBERS OF THE  1,766        

HOUSE AND SENATE COMMITTEES WITH JURISDICTION OVER HEALTH AND      1,768        

INSURANCE ISSUES.                                                               

      Sec. 3901.83.  WHEN A RECORD CONTAINING INFORMATION          1,770        

PERTAINING TO THE MEDICAL HISTORY, DIAGNOSIS, PROGNOSIS, OR        1,771        

MEDICAL CONDITION OF AN ENROLLEE OF A HEALTH INSURING              1,772        

CORPORATION, INSURED OF AN INSURER, OR PLAN MEMBER OF A PUBLIC     1,773        

EMPLOYEE BENEFIT PLAN IS PROVIDED TO THE SUPERINTENDENT OF         1,774        

INSURANCE FOR ANY REASON UNDER SECTIONS 1751.77 TO 1751.88,        1,775        

3923.66 TO 3923.70, OR 3923.75 TO 3923.79 OF THE REVISED CODE,     1,778        

REGARDLESS OF THE SOURCE, THE SUPERINTENDENT SHALL MAINTAIN THE    1,779        

                                                          39     


                                                                 
CONFIDENTIALITY OF THE RECORD.  THE RECORD IN THE                  1,780        

SUPERINTENDENT'S POSSESSION IS NOT A PUBLIC RECORD UNDER SECTION   1,781        

149.43 OF THE REVISED CODE, EXCEPT TO THE EXTENT THAT INFORMATION  1,783        

FROM THE RECORD IS USED IN PREPARING REPORTS UNDER SECTION         1,784        

3901.82 OF THE REVISED CODE.                                                    

      Sec. 3901.84.  AN INDEPENDENT REVIEW ORGANIZATION AND ANY    1,786        

MEDICAL EXPERT OR CLINICAL PEER THE ORGANIZATION USES IN           1,788        

CONDUCTING AN EXTERNAL REVIEW UNDER SECTION 1751.84, 1751.85,      1,789        

3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED CODE IS NOT   1,790        

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  1,792        

PERSON OR PROPERTY AND IS NOT SUBJECT TO PROFESSIONAL              1,793        

DISCIPLINARY ACTION FOR MAKING, IN GOOD FAITH, ANY FINDING,                     

CONCLUSION, OR DETERMINATION REQUIRED TO COMPLETE THE EXTERNAL     1,795        

REVIEW.                                                                         

      THIS SECTION DOES NOT GRANT IMMUNITY FROM CIVIL LIABILITY    1,799        

OR PROFESSIONAL DISCIPLINARY ACTION TO AN INDEPENDENT REVIEW                    

ORGANIZATION, MEDICAL EXPERT, OR CLINICAL PEER FOR AN ACTION THAT  1,800        

IS OUTSIDE THE SCOPE OF AUTHORITY GRANTED UNDER SECTION 1751.84,   1,802        

1751.85, 3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED      1,804        

CODE.                                                                           

      Sec. 3923.65.  (A)  AS USED IN THIS SECTION:                 1,806        

      (1)  "EMERGENCY MEDICAL CONDITION" MEANS A MEDICAL           1,808        

CONDITION THAT MANIFESTS ITSELF BY SUCH ACUTE SYMPTOMS OF          1,809        

SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, THAT A PRUDENT         1,810        

LAYPERSON WITH AVERAGE KNOWLEDGE OF HEALTH AND MEDICINE COULD      1,811        

REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO    1,812        

RESULT IN ANY OF THE FOLLOWING:                                    1,813        

      (a)  PLACING THE HEALTH OF THE INDIVIDUAL OR, WITH RESPECT   1,815        

TO A PREGNANT WOMAN, THE HEALTH OF THE WOMAN OR HER UNBORN CHILD,  1,816        

IN SERIOUS JEOPARDY;                                               1,817        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 1,819        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        1,821        

      (2)  "EMERGENCY SERVICES" MEANS THE FOLLOWING:               1,823        

      (a)  A MEDICAL SCREENING EXAMINATION, AS REQUIRED BY         1,825        

                                                          40     


                                                                 
FEDERAL LAW, THAT IS WITHIN THE CAPABILITY OF THE EMERGENCY        1,826        

DEPARTMENT OF A HOSPITAL, INCLUDING ANCILLARY SERVICES ROUTINELY   1,828        

AVAILABLE TO THE EMERGENCY DEPARTMENT, TO EVALUATE AN EMERGENCY    1,829        

MEDICAL CONDITION;                                                 1,830        

      (b)  SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT THAT     1,832        

ARE REQUIRED BY FEDERAL LAW TO STABILIZE AN EMERGENCY MEDICAL      1,833        

CONDITION AND ARE WITHIN THE CAPABILITIES OF THE STAFF AND         1,835        

FACILITIES AVAILABLE AT THE HOSPITAL, INCLUDING ANY TRAUMA AND     1,836        

BURN CENTER OF THE HOSPITAL.                                                    

      (B)  EVERY INDIVIDUAL OR GROUP POLICY OF SICKNESS AND        1,838        

ACCIDENT INSURANCE THAT PROVIDES HOSPITAL, SURGICAL, OR MEDICAL    1,839        

EXPENSE COVERAGE SHALL COVER EMERGENCY SERVICES WITHOUT REGARD TO  1,840        

THE DAY OR TIME THE EMERGENCY SERVICES ARE RENDERED OR TO WHETHER  1,841        

THE POLICYHOLDER, THE HOSPITAL'S EMERGENCY DEPARTMENT WHERE THE    1,842        

SERVICES ARE RENDERED, OR AN EMERGENCY PHYSICIAN TREATING THE      1,843        

POLICYHOLDER, OBTAINED PRIOR AUTHORIZATION FOR THE EMERGENCY       1,844        

SERVICES.                                                                       

      (C)  EVERY INDIVIDUAL POLICY OR CERTIFICATE FURNISHED BY AN  1,846        

INSURER IN CONNECTION WITH ANY SICKNESS AND ACCIDENT INSURANCE     1,848        

POLICY SHALL PROVIDE INFORMATION REGARDING THE FOLLOWING:          1,849        

      (1)  THE SCOPE OF COVERAGE FOR EMERGENCY SERVICES;           1,851        

      (2)  THE APPROPRIATE USE OF EMERGENCY SERVICES, INCLUDING    1,853        

THE USE OF THE 9-1-1 SYSTEM AND ANY OTHER TELEPHONE ACCESS         1,854        

SYSTEMS UTILIZED TO ACCESS PREHOSPITAL EMERGENCY SERVICES;         1,855        

      (3)  ANY COPAYMENTS FOR EMERGENCY SERVICES.                  1,857        

      (D)  THIS SECTION DOES NOT APPLY TO ANY INDIVIDUAL OR GROUP  1,859        

POLICY OF SICKNESS AND ACCIDENT INSURANCE COVERING ONLY ACCIDENT,  1,860        

CREDIT, DENTAL, DISABILITY INCOME, LONG-TERM CARE, HOSPITAL        1,861        

INDEMNITY, MEDICARE SUPPLEMENT, MEDICARE, TRICARE, SPECIFIED       1,862        

DISEASE, OR VISION CARE; COVERAGE UNDER A ONE-TIME LIMITED         1,863        

DURATION POLICY OF NO LONGER THAN SIX MONTHS; COVERAGE ISSUED AS   1,864        

A SUPPLEMENT TO LIABILITY INSURANCE; INSURANCE ARISING OUT OF      1,865        

WORKERS' COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL PAYMENT   1,866        

INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR   1,867        

                                                          41     


                                                                 
WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED TO BE    1,868        

CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT          1,869        

SELF-INSURANCE.                                                                 

      Sec. 3923.66.  (A)  AS USED IN SECTIONS 3923.66 TO 3923.70   1,871        

OF THE REVISED CODE:                                               1,872        

      (1)  "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME MEANINGS  1,874        

AS IN SECTION 1751.77 OF THE REVISED CODE.                         1,875        

      (2)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  1,877        

PERSON AUTHORIZED TO ACT ON BEHALF OF AN INSURED WITH RESPECT TO   1,878        

HEALTH CARE DECISIONS.                                             1,879        

      (B)  SECTIONS 3923.66 TO 3923.70 OF THE REVISED CODE DO NOT  1,882        

APPLY TO ANY INDIVIDUAL OR GROUP POLICY OF SICKNESS AND ACCIDENT   1,884        

INSURANCE COVERING ONLY ACCIDENT, CREDIT, DENTAL, DISABILITY       1,885        

INCOME, LONG-TERM CARE, HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT,   1,887        

MEDICARE, TRICARE, SPECIFIED DISEASE, OR VISION CARE; COVERAGE     1,888        

ISSUED AS A SUPPLEMENT TO LIABILITY INSURANCE; INSURANCE ARISING   1,889        

OUT OF WORKERS' COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL    1,890        

PAYMENT INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE   1,891        

WITH OR WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED  1,892        

TO BE CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT    1,893        

SELF-INSURANCE.                                                                 

      (C)  THE SUPERINTENDENT OF INSURANCE SHALL ESTABLISH AND     1,895        

MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING REQUESTS FOR REVIEW  1,897        

FROM INSUREDS WHO HAVE BEEN DENIED COVERAGE OF A HEALTH CARE       1,898        

SERVICE ON THE GROUNDS THAT THE SERVICE IS NOT A SERVICE COVERED   1,899        

UNDER THE TERMS OF THE INSURED'S POLICY OR CERTIFICATE.            1,900        

      ON RECEIPT OF A WRITTEN REQUEST FROM AN INSURED OR           1,902        

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   1,903        

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    1,904        

INSURED'S POLICY OR CERTIFICATE, EXCEPT THAT THE SUPERINTENDENT    1,905        

SHALL NOT CONDUCT A REVIEW UNDER THIS SECTION UNLESS THE INSURED   1,906        

HAS EXHAUSTED THE INSURER'S INTERNAL REVIEW PROCESS.  THE INSURER  1,907        

AND THE INSURED OR AUTHORIZED PERSON SHALL PROVIDE THE             1,908        

SUPERINTENDENT WITH ANY INFORMATION REQUIRED BY THE                1,909        

                                                          42     


                                                                 
SUPERINTENDENT THAT IS IN THEIR POSSESSION AND IS GERMANE TO THE   1,910        

REVIEW.                                                                         

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       1,912        

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   1,913        

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         1,914        

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       1,915        

INSURED'S POLICY OR CERTIFICATE.  THE SUPERINTENDENT SHALL NOTIFY  1,916        

THE INSURED AND THE INSURER OF ITS DETERMINATION OR THAT IT IS     1,917        

NOT ABLE TO MAKE A DETERMINATION BECAUSE THE DETERMINATION         1,918        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.                                     

      IF THE SUPERINTENDENT NOTIFIES THE INSURER THAT MAKING THE   1,920        

DETERMINATION REQUIRES THE RESOLUTION OF A MEDICAL ISSUE, THE      1,921        

INSURER SHALL AFFORD THE INSURED AN OPPORTUNITY FOR EXTERNAL       1,922        

REVIEW UNDER SECTION 3923.67 OR 3923.68 OF THE REVISED CODE.  IF   1,923        

THE SUPERINTENDENT NOTIFIES THE INSURER THAT THE HEALTH CARE       1,924        

SERVICE IS NOT A COVERED SERVICE, THE INSURER IS NOT REQUIRED TO   1,925        

COVER THE SERVICE OR AFFORD THE INSURED AN EXTERNAL REVIEW.        1,927        

      Sec. 3923.67.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  1,930        

(C) OF THIS SECTION, AN INSURER SHALL AFFORD AN INSURED AN         1,931        

OPPORTUNITY FOR AN  EXTERNAL REVIEW OF A COVERAGE DENIAL WHEN      1,932        

REQUESTED BY THE INSURED OR AUTHORIZED PERSON, IF BOTH OF THE      1,933        

FOLLOWING ARE THE CASE:                                                         

      (1)  THE INSURER HAS DENIED, REDUCED, OR TERMINATED          1,935        

COVERAGE FOR WHAT WOULD BE A COVERED HEALTH CARE SERVICE EXCEPT    1,936        

THAT THE INSURER HAS DETERMINED THAT THE HEALTH CARE SERVICE IS    1,937        

NOT MEDICALLY NECESSARY.                                                        

      (2)  EXCEPT IN THE CASE OF EXPEDITED REVIEW, THE PROPOSED    1,940        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      1,941        

COST THE INSURED MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED    1,942        

SERVICE IS NOT COVERED BY THE INSURER.                             1,943        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   1,945        

SECTION, EXCEPT THAT IF AN INSURED WITH A TERMINAL CONDITION       1,946        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 3923.68 OF    1,947        

THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      1,949        

                                                          43     


                                                                 
THAT SECTION.                                                      1,950        

      (B)  AN INSURED NEED NOT BE AFFORDED A REVIEW UNDER THIS     1,952        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     1,953        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    1,955        

SECTION 3923.66 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE   1,956        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE INSURED'S POLICY   1,957        

OR CERTIFICATE.                                                    1,958        

      (2)  THE INSURED HAS FAILED TO EXHAUST THE INSURER'S         1,960        

INTERNAL REVIEW PROCESS.                                           1,961        

      (3)  THE INSURED HAS PREVIOUSLY AFFORDED AN EXTERNAL REVIEW  1,963        

FOR THE SAME DENIAL OF COVERAGE, AND NO NEW CLINICAL INFORMATION   1,964        

HAS BEEN SUBMITTED TO THE INSURER.                                 1,965        

      (C)(1)  AN INSURER MAY DENY A REQUEST FOR AN EXTERNAL        1,967        

REVIEW IF IT IS REQUESTED LATER THAN SIXTY DAYS AFTER RECEIPT BY   1,968        

THE INSURED OF NOTICE FROM THE SUPERINTENDENT OF INSURANCE UNDER   1,969        

SECTION 3923.66 OF THE REVISED CODE THAT MAKING A DETERMINATION    1,970        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.  AN EXTERNAL REVIEW    1,971        

MAY BE REQUESTED BY THE INSURED, AN AUTHORIZED PERSON, THE         1,972        

INSURED'S PROVIDER, OR A HEALTH CARE FACILITY RENDERING HEALTH     1,973        

CARE SERVICE TO THE INSURED.  THE INSURED MAY REQUEST A REVIEW     1,974        

WITHOUT THE APPROVAL OF THE PROVIDER OR THE HEALTH CARE FACILITY   1,975        

RENDERING THE HEALTH CARE SERVICE.  THE PROVIDER OR HEALTH CARE    1,976        

FACILITY MAY NOT REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF     1,977        

THE INSURED.                                                                    

      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        1,979        

EXCEPT THAT IF THE INSURED HAS A CONDITION THAT REQUIRES           1,980        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         1,981        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   1,982        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST MUST BE SUBMITTED TO  1,983        

THE INSURER NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS MADE.    1,984        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  1,986        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  1,987        

THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE   1,988        

HEALTH CARE SERVICE TO THE INSURED THAT THE PROPOSED SERVICE,      1,989        

                                                          44     


                                                                 
PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL COST THE      1,990        

INSURED MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED SERVICE IS  1,991        

NOT COVERED BY THE INSURER.                                        1,992        

      (3)  FOR AN EXPEDITED REVIEW, THE INSURED'S PROVIDER MUST    1,994        

CERTIFY THAT THE INSURED'S CONDITION COULD, IN THE ABSENCE OF      1,995        

IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE FOLLOWING:       1,996        

      (a)  PLACING THE HEALTH OF THE INSURED OR, WITH RESPECT TO   1,998        

A PREGNANT WOMAN, THE HEALTH OF THE INSURED OR THE UNBORN CHILD,   1,999        

IN SERIOUS JEOPARDY;                                               2,000        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 2,002        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        2,004        

      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    2,006        

SHALL INCLUDE ALL OF THE FOLLOWING:                                2,007        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,009        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,010        

SECTION 3901.80 OF THE REVISED CODE.                               2,011        

      (2)  EXCEPT AS PROVIDED IN DIVISIONS (D)(3) AND (4) OF THIS  2,013        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    2,014        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          2,015        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,016        

FOLLOWING:                                                         2,017        

      (a)  THE INSURER OR ANY OFFICER, DIRECTOR, OR MANAGERIAL     2,019        

EMPLOYEE OF THE INSURER;                                           2,021        

      (b)  THE INSURED, THE INSURED'S PROVIDER, OR THE PRACTICE    2,023        

GROUP OF THE INSURED'S PROVIDER;                                   2,025        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       2,027        

SERVICE REQUESTED BY THE INSURED WOULD BE PROVIDED;                2,028        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,030        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE INSURED.            2,031        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     2,033        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  2,034        

CIRCUMSTANCES:                                                     2,035        

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        2,037        

MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO INSUREDS OF   2,038        

                                                          45     


                                                                 
THE INSURER.                                                       2,039        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      2,041        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO INSUREDS OF    2,042        

THE INSURER.                                                       2,043        

      (c)  THE CLINICAL PEER HAS A CONTRACTUAL RELATIONSHIP WITH   2,045        

THE INSURER BUT WAS NOT INVOLVED WITH THE INSURER'S COVERAGE       2,046        

DECISION.                                                                       

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   2,048        

INSURER FROM PAYING THE INDEPENDENT REVIEW ORGANIZATION FOR THE    2,049        

CONDUCT OF THE REVIEW.                                             2,050        

      (5)  AN INSURED SHALL NOT BE REQUIRED TO PAY FOR ANY PART    2,052        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  2,053        

BY THE INSURER.                                                    2,054        

      (6)(a)  THE INSURER SHALL PROVIDE TO THE INDEPENDENT REVIEW  2,057        

ORGANIZATION CONDUCTING THE REVIEW A COPY OF THOSE RECORDS IN ITS               

POSSESSION THAT ARE RELEVANT TO THE INSURED'S MEDICAL CONDITION    2,060        

AND THE REVIEW.                                                                 

      RECORDS SHALL BE USED SOLELY FOR THE PURPOSE OF THIS         2,063        

DIVISION.  AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION,  2,064        

THE INSURER, INSURED, PROVIDER, OR HEALTH CARE FACILITY RENDERING  2,065        

HEALTH CARE SERVICES TO THE INSURED SHALL PROVIDE ANY ADDITIONAL   2,066        

INFORMATION THE INDEPENDENT REVIEW ORGANIZATION REQUESTS TO        2,067        

COMPLETE THE REVIEW.  A REQUEST FOR ADDITIONAL INFORMATION MAY BE  2,068        

MADE IN WRITING, ORALLY, OR BY ELECTRONIC MEANS.  THE INDEPENDENT  2,069        

REVIEW ORGANIZATION SHALL SUBMIT THE REQUEST TO THE INSURED AND    2,070        

INSURER.  IF A REQUEST IS SUBMITTED ORALLY OR BY ELECTRONIC MEANS  2,071        

TO AN INSURED OR INSURER, NOT LATER THAN FIVE DAYS AFTER THE       2,072        

REQUEST IS SUBMITTED, THE INDEPENDENT REVIEW ORGANIZATION SHALL    2,073        

PROVIDE WRITTEN CONFIRMATION OF THE REQUEST.  IF THE REVIEW WAS    2,074        

INITIATED BY A PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE     2,075        

REQUEST SHALL BE SUBMITTED TO THE PROVIDER OR HEALTH CARE          2,076        

FACILITY.                                                                       

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   2,078        

MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   2,080        

                                                          46     


                                                                 
THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  2,081        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  2,082        

SHALL NOTIFY THE INSURED AND THE INSURER THAT A DECISION IS NOT    2,084        

BEING MADE.  THE NOTICE MAY BE MADE IN WRITING, ORALLY, OR BY      2,085        

ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC NOTICE SHALL BE                        

CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    2,086        

ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS INITIATED BY A       2,087        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE NOTICE SHALL BE    2,088        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,089        

      (7)  THE INSURER MAY ELECT TO COVER THE SERVICE REQUESTED    2,092        

AND TERMINATE THE REVIEW.  THE INSURER SHALL NOTIFY THE INSURED    2,093        

AND ALL OTHER PARTIES INVOLVED WITH THE DECISION BY MAIL, OR WITH  2,094        

THE CONSENT OR APPROVAL OF THE INSURED, BY ELECTRONIC MEANS.       2,095        

      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           2,097        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  2,098        

THE FOLLOWING:                                                     2,099        

      (a)  INFORMATION SUBMITTED BY THE INSURER, THE INSURED, THE  2,101        

INSURED'S PROVIDER, AND THE HEALTH CARE FACILITY RENDERING THE     2,102        

HEALTH CARE SERVICE, INCLUDING THE FOLLOWING:                      2,103        

      (i)  THE INSURED'S MEDICAL RECORDS;                          2,105        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   2,107        

BY THE INSURER TO MAKE ITS DECISION.                               2,108        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         2,110        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,111        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY               

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE         2,112        

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   2,113        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        2,115        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        2,116        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   2,117        

AND RESEARCH;                                                      2,118        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           2,120        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            2,121        

RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY                  

                                                          47     


                                                                 
RELEVANT NATIONAL MEDICAL SOCIETIES.                               2,122        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,124        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,125        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,126        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A     2,127        

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,128        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,129        

COPY OF ITS DECISION TO THE INSURER AND THE INSURED.  IF THE       2,130        

INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING HEALTH    2,131        

CARE SERVICES TO THE INSURED REQUESTED THE REVIEW, THE             2,132        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,133        

DECISION TO THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY.    2,134        

      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    2,136        

INCLUDE A DESCRIPTION OF THE INSURED'S CONDITION AND THE           2,137        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       2,138        

CLINICAL RATIONALE FOR THE DECISION.                                            

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      2,140        

DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     2,141        

THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      2,142        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     2,143        

AND COST-EFFECTIVENESS.                                                         

      (F)  THE INSURER SHALL PROVIDE ANY COVERAGE DETERMINED BY    2,145        

THE INDEPENDENT REVIEW ORGANIZATION'S DECISION TO BE MEDICALLY     2,146        

NECESSARY, SUBJECT TO THE OTHER TERMS, LIMITATIONS, AND            2,147        

CONDITIONS OF THE INSURED'S POLICY OR CERTIFICATE.                 2,148        

      Sec. 3923.68.  (A)  EACH INSURER SHALL ESTABLISH A           2,150        

REASONABLE EXTERNAL, INDEPENDENT REVIEW PROCESS TO EXAMINE THE     2,152        

INSURER'S COVERAGE DECISIONS FOR INSUREDS WHO MEET ALL OF THE      2,153        

FOLLOWING CRITERIA:                                                2,154        

      (1)  THE INSURED HAS A TERMINAL CONDITION THAT, ACCORDING    2,156        

TO THE CURRENT DIAGNOSIS OF THE INSURED'S PHYSICIAN, HAS A HIGH    2,157        

PROBABILITY OF CAUSING DEATH WITHIN TWO YEARS.                     2,158        

      (2)  THE INSURED REQUESTS A REVIEW NOT LATER THAN SIXTY      2,160        

DAYS AFTER RECEIPT BY THE INSURED OF NOTICE FROM THE               2,161        

                                                          48     


                                                                 
SUPERINTENDENT OF INSURANCE UNDER SECTION 3923.66 OF THE REVISED   2,162        

CODE THAT MAKING A DETERMINATION REQUIRES RESOLUTION OF A MEDICAL  2,163        

ISSUE.                                                                          

      (3)  THE INSURED'S PHYSICIAN CERTIFIES THAT THE INSURED HAS  2,165        

THE CONDITION DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND     2,166        

ANY OF THE FOLLOWING SITUATIONS ARE APPLICABLE:                    2,167        

      (a)  STANDARD THERAPIES HAVE NOT BEEN EFFECTIVE IN           2,169        

IMPROVING THE CONDITION OF THE INSURED.                            2,171        

      (b)  STANDARD THERAPIES ARE NOT MEDICALLY APPROPRIATE FOR    2,173        

THE INSURED.                                                       2,175        

      (c)  THERE IS NO STANDARD THERAPY COVERED BY THE INSURER     2,177        

THAT IS MORE BENEFICIAL THAN THERAPY DESCRIBED IN DIVISION (A)(4)  2,179        

OF THIS SECTION.                                                   2,180        

      (4)  THE INSURED'S PHYSICIAN HAS RECOMMENDED A DRUG,         2,182        

DEVICE, PROCEDURE, OR OTHER THERAPY THAT THE PHYSICIAN CERTIFIES,  2,183        

IN WRITING, IS LIKELY TO BE MORE BENEFICIAL TO THE INSURED, IN     2,184        

THE PHYSICIAN'S OPINION, THAN STANDARD THERAPIES, OR THE INSURED   2,185        

HAS REQUESTED A THERAPY THAT HAS BEEN FOUND IN A PREPONDERANCE OF  2,186        

PEER-REVIEWED PUBLISHED STUDIES TO BE ASSOCIATED WITH EFFECTIVE    2,187        

CLINICAL OUTCOMES FOR THE SAME CONDITION.                          2,188        

      (5)  THE INSURED HAS BEEN DENIED COVERAGE BY THE INSURER     2,190        

FOR A DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY RECOMMENDED OR     2,191        

REQUESTED PURSUANT TO DIVISION (A)(4) OF THIS SECTION, AND HAS     2,192        

EXHAUSTED THE INSURER'S INTERNAL REVIEW PROCESS.                   2,194        

      (6)  THE DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY, FOR      2,196        

WHICH COVERAGE HAS BEEN DENIED, WOULD BE A COVERED HEALTH CARE     2,197        

SERVICE EXCEPT FOR THE INSURER'S DETERMINATION THAT THE DRUG,      2,198        

DEVICE, PROCEDURE, OR OTHER THERAPY IS EXPERIMENTAL OR             2,199        

INVESTIGATIONAL.                                                                

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  2,201        

THE  INSURED'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE        2,202        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        2,204        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    2,205        

ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             2,206        

                                                          49     


                                                                 
CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE INSURER NOT  2,207        

LATER THAN FIVE DAYS AFTER THE ORAL OR WRITTEN REQUEST IS                       

SUBMITTED.                                                         2,208        

      (C)  THE EXTERNAL, INDEPENDENT REVIEW PROCESS ESTABLISHED    2,210        

BY AN INSURER SHALL MEET ALL OF THE FOLLOWING CRITERIA:            2,211        

      (1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     2,213        

THE PROCESS SHALL AFFORD ALL INSUREDS WHO MEET THE CRITERIA SET    2,214        

FORTH IN DIVISION (A) OF THIS SECTION THE OPPORTUNITY TO HAVE THE  2,215        

INSURER'S DECISION TO DENY COVERAGE OF THE RECOMMENDED OR          2,216        

REQUESTED THERAPY REVIEWED UNDER THE PROCESS.  EACH ELIGIBLE       2,218        

INSURED SHALL BE NOTIFIED OF THAT OPPORTUNITY WITHIN THIRTY        2,219        

BUSINESS DAYS AFTER THE INSURER DENIES COVERAGE.                   2,220        

      (2)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,222        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,223        

SECTION 3901.80 OF THE REVISED CODE.                               2,224        

      THE INDEPENDENT REVIEW ORGANIZATION SHALL SELECT A PANEL TO  2,227        

CONDUCT THE REVIEW, WHICH PANEL SHALL BE COMPOSED OF AT LEAST      2,228        

THREE PHYSICIANS OR OTHER PROVIDERS WHO, THROUGH CLINICAL          2,229        

EXPERIENCE IN THE PAST THREE YEARS, ARE EXPERTS IN THE TREATMENT   2,230        

OF THE INSURED'S MEDICAL CONDITION AND KNOWLEDGEABLE ABOUT THE     2,231        

RECOMMENDED OR REQUESTED THERAPY.                                  2,232        

      IN EITHER OF THE FOLLOWING CIRCUMSTANCES, AN EXCEPTION MAY   2,234        

BE MADE TO THE REQUIREMENT THAT THE REVIEW BE CONDUCTED BY AN      2,235        

EXPERT PANEL COMPOSED OF A MINIMUM OF THREE PHYSICIANS OR OTHER    2,236        

PROVIDERS:                                                                      

      (a)  A REVIEW MAY BE CONDUCTED BY AN EXPERT PANEL COMPOSED   2,238        

OF ONLY TWO PHYSICIANS OR OTHER PROVIDERS IF AN INSURED HAS        2,240        

CONSENTED IN WRITING TO A REVIEW BY THE SMALLER PANEL.             2,242        

      (b)  A REVIEW MAY BE CONDUCTED BY A SINGLE EXPERT PHYSICIAN  2,244        

OR OTHER PROVIDER IF ONLY THE EXPERT PHYSICIAN OR OTHER PROVIDER   2,246        

IS AVAILABLE FOR THE REVIEW.                                       2,247        

      (3)  NEITHER THE INSURER NOR THE INSURED SHALL CHOOSE, OR    2,249        

CONTROL THE CHOICE OF, THE PHYSICIAN OR OTHER PROVIDER EXPERTS.    2,250        

      (4) THE SELECTED EXPERTS, ANY HEALTH CARE FACILITY WITH      2,252        

                                                          50     


                                                                 
WHICH AN EXPERT IS AFFILIATED, AND  THE INDEPENDENT REVIEW         2,253        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW SHALL NOT HAVE ANY  2,254        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,255        

FOLLOWING:                                                                      

      (a)  THE INSURER OR ANY OFFICER, DIRECTOR, OR MANAGERIAL     2,257        

EMPLOYEE OF THE INSURER;                                           2,259        

      (b)  THE INSURED, THE INSURED'S PHYSICIAN, OR THE PRACTICE   2,261        

GROUP OF THE INSURED'S PHYSICIAN;                                  2,263        

      (c) THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR     2,265        

REQUESTED THERAPY WOULD BE PROVIDED;                               2,267        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,269        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       2,271        

REQUESTED THERAPY.                                                              

      HOWEVER, EXPERTS AFFILIATED WITH ACADEMIC MEDICAL CENTERS    2,274        

WHO PROVIDE HEALTH CARE SERVICES TO INSUREDS OF THE INSURER MAY    2,276        

SERVE AS EXPERTS ON THE REVIEW PANEL. FURTHER, EXPERTS WITH STAFF  2,277        

PRIVILEGES AT A HEALTH CARE FACILITY THAT PROVIDES HEALTH CARE     2,278        

SERVICES TO INSUREDS OF THE INSURER, AS WELL AS EXPERTS WHO HAVE   2,279        

A CONTRACTUAL RELATIONSHIP WITH THE INSURER, BUT WHO WERE NOT      2,280        

INVOLVED WITH THE INSURER'S DENIAL OF COVERAGE FOR THE THERAPY     2,281        

UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  THESE     2,282        

NONAFFILIATION PROVISIONS DO NOT PRECLUDE AN INSURER FROM PAYING   2,283        

FOR THE EXPERTS' REVIEW, AS SPECIFIED IN DIVISION (C)(5) OF THIS   2,284        

SECTION.                                                                        

      (5)  INSUREDS SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF   2,286        

THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE BY  2,287        

THE INSURER.                                                       2,288        

      (6)  THE INSURER SHALL PROVIDE TO THE INDEPENDENT REVIEW     2,290        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW A COPY OF THOSE     2,291        

RECORDS IN THE INSURER'S POSSESSION THAT ARE RELEVANT TO THE       2,292        

INSURED'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL BE  2,293        

DISCLOSED SOLELY TO THE EXPERT REVIEWERS AND SHALL BE USED SOLELY  2,294        

FOR THE PURPOSE OF THIS SECTION.  AT THE REQUEST OF THE EXPERT     2,295        

REVIEWERS, THE INSURER OR THE PHYSICIAN REQUESTING THE THERAPY     2,296        

                                                          51     


                                                                 
SHALL PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT           2,297        

REVIEWERS REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS   2,298        

NOT REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT          2,299        

RECEIVED ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS     2,300        

NECESSARY TO COMPLETE THE REVIEW.                                               

      (7)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,302        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,303        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,307        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,310        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,311        

COPY OF ITS DECISION TO THE INSURER AND THE INSURED.  IF THE       2,312        

INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING HEALTH    2,313        

CARE SERVICES TO THE INSURED REQUESTED THE REVIEW, THE             2,314        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,316        

DECISION TO THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY.    2,317        

      (b)  IN CONDUCTING THE REVIEW, THE EXPERTS ON THE PANEL      2,319        

SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                      2,320        

      (i)  INFORMATION SUBMITTED BY THE INSURER, THE INSURED, AND  2,323        

THE INSURED'S PHYSICIAN, INCLUDING THE INSURED'S MEDICAL RECORDS   2,324        

AND THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED BY THE    2,325        

INSURER TO REACH ITS COVERAGE DECISION;                            2,326        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        2,328        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,329        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         2,331        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         2,332        

RECOGNIZED MEDICAL EXPERTS;                                        2,333        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       2,335        

MEDICAL SOCIETIES;                                                 2,336        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             2,338        

EFFECTIVENESS.                                                                  

      (8)  EACH EXPERT ON THE PANEL SHALL PROVIDE THE INDEPENDENT  2,341        

REVIEW ORGANIZATION WITH A PROFESSIONAL OPINION AS TO WHETHER      2,342        

                                                          52     


                                                                 
THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE THAT THE RECOMMENDED   2,343        

OR REQUESTED THERAPY IS LIKELY TO BE MORE BENEFICIAL TO THE        2,344        

INSURED THAN STANDARD THERAPIES.                                   2,345        

      (9)  EACH EXPERT'S OPINION SHALL BE PRESENTED IN WRITTEN     2,347        

FORM AND SHALL INCLUDE THE FOLLOWING INFORMATION:                  2,348        

      (a)  A DESCRIPTION OF THE INSURED'S CONDITION;               2,350        

      (b)  A DESCRIPTION OF THE INDICATORS RELEVANT TO             2,352        

DETERMINING WHETHER THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE    2,354        

THAT THE RECOMMENDED OR REQUESTED THERAPY IS MORE LIKELY THAN NOT  2,356        

TO BE MORE BENEFICIAL TO THE INSURED THAN STANDARD THERAPIES;      2,358        

      (c)  A DESCRIPTION AND ANALYSIS OF ANY RELEVANT FINDINGS     2,360        

PUBLISHED IN PEER-REVIEWED MEDICAL OR SCIENTIFIC LITERATURE OR     2,362        

THE PUBLISHED OPINIONS OF MEDICAL EXPERTS OR SPECIALTY SOCIETIES;  2,364        

      (d)  A DESCRIPTION OF THE INSURED'S SUITABILITY TO RECEIVE   2,366        

THE RECOMMENDED OR REQUESTED THERAPY ACCORDING TO A TREATMENT      2,368        

PROTOCOL IN A CLINICAL TRIAL, IF APPLICABLE.                       2,370        

      (10)  THE INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE THE  2,372        

INSURER WITH THE OPINIONS OF THE EXPERTS.  THE INSURER SHALL MAKE  2,373        

THE EXPERTS' OPINIONS AVAILABLE TO THE INSURED AND THE INSURED'S   2,374        

PHYSICIAN, UPON REQUEST.                                           2,375        

      (11)  THE OPINION OF THE MAJORITY OF THE EXPERTS ON THE      2,377        

PANEL, RENDERED PURSUANT TO DIVISION (C)(8) OF THIS SECTION, IS    2,378        

BINDING ON THE INSURER WITH RESPECT TO THAT INSURED.  IF THE       2,379        

OPINIONS OF THE EXPERTS ON THE PANEL ARE EVENLY DIVIDED AS TO      2,381        

WHETHER THE THERAPY SHOULD BE COVERED, THE INSURER'S FINAL         2,382        

DECISION SHALL BE IN FAVOR OF COVERAGE.  IF LESS THAN A MAJORITY   2,383        

OF THE EXPERTS ON THE PANEL RECOMMEND COVERAGE OF THE THERAPY,     2,384        

THE INSURER MAY, IN ITS DISCRETION, COVER THE THERAPY.  HOWEVER,   2,385        

ANY COVERAGE PROVIDED PURSUANT TO DIVISION (C)(11) OF THIS         2,386        

SECTION IS SUBJECT TO THE TERMS, LIMITATIONS, AND CONDITIONS OF    2,387        

THE INSURED'S POLICY OR CERTIFICATE WITH THE INSURER.              2,388        

      (12)  THE INSURER SHALL HAVE WRITTEN POLICIES DESCRIBING     2,390        

THE EXTERNAL, INDEPENDENT REVIEW PROCESS.                          2,391        

      (D)  IF AN INSURER'S INITIAL DENIAL OF COVERAGE FOR A        2,393        

                                                          53     


                                                                 
THERAPY RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF    2,394        

THIS SECTION IS BASED UPON AN EXTERNAL, INDEPENDENT REVIEW OF      2,395        

THAT THERAPY MEETING THE REQUIREMENTS OF DIVISION (C) OF THIS      2,397        

SECTION, THIS SECTION SHALL NOT BE A BASIS FOR REQUIRING A SECOND  2,398        

EXTERNAL, INDEPENDENT REVIEW OF THE RECOMMENDED OR REQUESTED       2,399        

THERAPY.                                                                        

      (E)  AT ANY TIME DURING THE EXTERNAL, INDEPENDENT REVIEW     2,401        

PROCESS, THE INSURER MAY ELECT TO COVER THE RECOMMENDED OR         2,402        

REQUESTED HEALTH CARE SERVICE AND TERMINATE THE REVIEW.  THE       2,404        

INSURER SHALL NOTIFY THE INSURED AND ALL OTHER PARTIES INVOLVED    2,405        

BY MAIL OR, WITH CONSENT OR APPROVAL OF THE INSURED, BY                         

ELECTRONIC MEANS.                                                  2,406        

      (F)  THE INSURER SHALL ANNUALLY FILE A CERTIFICATE WITH THE  2,408        

SUPERINTENDENT OF INSURANCE CERTIFYING ITS COMPLIANCE WITH THE     2,409        

REQUIREMENTS OF THIS SECTION.                                      2,410        

      Sec. 3923.681.  (A)  IF, AFTER NOTICE AND HEARING, THE       2,412        

SUPERINTENDENT OF INSURANCE FINDS THAT AN INSURER HAS FAILED TO    2,414        

COMPLY WITH SECTION 3923.66 OR 3923.67 OF THE REVISED CODE, THE    2,415        

SUPERINTENDENT MAY SUSPEND OR REVOKE THE INSURER'S LICENSE TO      2,416        

TRANSACT BUSINESS WITHIN THE STATE.                                             

      (B)(1)  IN LIEU OF THE SUSPENSION OR REVOCATION OF A         2,419        

LICENSE UNDER DIVISION (A) OF THIS SECTION, THE SUPERINTENDENT OF  2,420        

INSURANCE, PURSUANT TO AN ADJUDICATION HEARING INITIATED AND       2,421        

CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, OR  2,423        

BY CONSENT OF THE INSURER WITHOUT AN ADJUDICATION HEARING, MAY     2,424        

LEVY AN ADMINISTRATIVE PENALTY.  THE ADMINISTRATIVE PENALTY SHALL  2,425        

BE IN AN AMOUNT DETERMINED BY THE SUPERINTENDENT, BUT THE          2,427        

ADMINISTRATIVE PENALTY SHALL NOT EXCEED ONE HUNDRED THOUSAND       2,428        

DOLLARS PER VIOLATION.  ADDITIONALLY, THE SUPERINTENDENT MAY       2,429        

REQUIRE THE INSURER TO CORRECT ANY DEFICIENCY THAT MAY BE THE      2,431        

BASIS FOR THE SUSPENSION OR REVOCATION OF THE INSURER'S LICENSE.   2,432        

ALL PENALTIES COLLECTED SHALL BE PAID INTO THE STATE TREASURY TO   2,434        

THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING FUND.          2,435        

      (2)  IF THE SUPERINTENDENT FOR ANY REASON HAS CAUSE TO       2,439        

                                                          54     


                                                                 
BELIEVE THAT ANY VIOLATION OF SECTION 3923.66 OR 3923.67 OF THE                 

REVISED CODE HAS OCCURRED OR IS THREATENED, THE SUPERINTENDENT     2,441        

MAY GIVE NOTICE TO THE INSURER AND TO THE REPRESENTATIVES OR       2,443        

OTHER PERSONS WHO APPEAR TO BE INVOLVED IN THE SUSPECTED           2,444        

VIOLATION TO ARRANGE A CONFERENCE WITH THE SUSPECTED VIOLATORS OR  2,445        

THEIR AUTHORIZED REPRESENTATIVES FOR THE PURPOSE OF ATTEMPTING TO  2,446        

ASCERTAIN THE FACTS RELATING TO THE SUSPECTED VIOLATION, AND, IF   2,447        

IT APPEARS THAT ANY VIOLATION HAS OCCURRED OR IS THREATENED, TO    2,448        

ARRIVE AT AN ADEQUATE AND EFFECTIVE MEANS OF CORRECTING OR         2,449        

PREVENTING THE VIOLATION.                                                       

      PROCEEDINGS SHALL NOT BE COVERED BY ANY FORMAL PROCEDURAL    2,452        

REQUIREMENTS, AND MAY BE CONDUCTED IN THE MANNER THE               2,453        

SUPERINTENDENT MAY CONSIDER APPROPRIATE UNDER THE CIRCUMSTANCES.   2,454        

      (3)(a)  THE SUPERINTENDENT MAY ISSUE AN ORDER DIRECTING AN   2,456        

INSURER OR A REPRESENTATIVE OF THE INSURER TO CEASE AND DESIST     2,457        

FROM ENGAGING IN ANY ACT OR PRACTICE IN VIOLATION OF SECTION       2,459        

3923.67 OR 3923.68 OF THE REVISED CODE.  WITHIN THIRTY DAYS AFTER  2,460        

SERVICE OF THE ORDER TO CEASE AND DESIST, THE RESPONDENT MAY       2,461        

REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS OR PRACTICES IN  2,463        

VIOLATION OF THOSE SECTIONS HAVE OCCURRED.  SUCH HEARINGS SHALL                 

BE CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE   2,465        

AND JUDICIAL REVIEW SHALL BE AVAILABLE AS PROVIDED BY THAT         2,466        

CHAPTER.                                                                        

      (b)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   2,468        

THAT AN ORDER HAS BEEN VIOLATED IN WHOLE OR IN PART, THE           2,470        

SUPERINTENDENT MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE AND    2,471        

PROSECUTE ANY APPROPRIATE ACTION OR PROCEEDING IN THE NAME OF THE  2,472        

STATE AGAINST THE VIOLATORS IN THE COURT OF COMMON PLEAS OF        2,474        

FRANKLIN COUNTY.  THE COURT IN ANY SUCH ACTION OR PROCEEDING MAY   2,475        

LEVY CIVIL PENALTIES, NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS   2,476        

PER VIOLATION, IN ADDITION TO ANY OTHER APPROPRIATE RELIEF,        2,477        

INCLUDING REQUIRING A VIOLATOR TO PAY THE EXPENSES REASONABLY      2,478        

INCURRED BY THE SUPERINTENDENT IN ENFORCING THE ORDER.  THE        2,479        

PENALTIES AND FEES COLLECTED SHALL BE PAID INTO THE STATE          2,480        

                                                          55     


                                                                 
TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING    2,481        

FUND.                                                                           

      Sec. 3923.69.  NOTHING IN SECTIONS 3923.66 TO 3923.68 OF     2,483        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    2,485        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       2,489        

EMPLOYEES THROUGH AN INSURER;                                                   

      (B)  A CLINICAL PEER OR INDEPENDENT REVIEW ORGANIZATION      2,492        

THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER SECTION 3923.67 OR   2,493        

3923.68 OF THE REVISED CODE;                                       2,494        

      (C)  AN INSURER THAT PROVIDES COVERAGE FOR BENEFITS          2,498        

PURSUANT TO SECTION 3923.67 OR 3923.68 OF THE REVISED CODE.        2,499        

      Sec. 3923.70.  CONSISTENT WITH THE RULES OF EVIDENCE, A      2,502        

WRITTEN DECISION OR OPINION PREPARED BY AN INDEPENDENT REVIEW      2,503        

ORGANIZATION UNDER SECTION 3923.67 OR 3923.68 OF THE REVISED CODE  2,504        

SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO THE COVERAGE    2,505        

DECISION THAT WAS THE SUBJECT OF THE DECISION OR OPINION.  THE     2,506        

INDEPENDENT REVIEW ORGANIZATION'S DECISION OR OPINION SHALL BE     2,507        

PRESUMED TO BE A SCIENTIFICALLY VALID AND ACCURATE DESCRIPTION OF  2,508        

THE STATE OF MEDICAL KNOWLEDGE AT THE TIME IT WAS WRITTEN.         2,509        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  2,512        

ACTION RELATED TO AN INSURER'S DECISION INVOLVING AN               2,513        

INVESTIGATIONAL OR EXPERIMENTAL DRUG, DEVICE, OR TREATMENT MAY                  

INTRODUCE INTO EVIDENCE ANY APPLICABLE MEDICARE REIMBURSEMENT      2,514        

STANDARDS ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY    2,516        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED.            2,517        

      Sec. 3923.75.  (A)  AS USED IN SECTIONS 3923.75 TO 3923.79   2,519        

OF THE REVISED CODE:                                               2,520        

      (1)  "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME MEANINGS  2,522        

AS IN SECTION 1751.77 OF THE REVISED CODE.                         2,523        

      (2)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  2,525        

PERSON AUTHORIZED TO ACT ON BEHALF OF A PLAN MEMBER WITH RESPECT   2,526        

TO HEALTH CARE DECISIONS.                                          2,527        

      (B)  SECTIONS 3923.75 TO 3923.79 OF THE REVISED CODE DO NOT  2,529        

                                                          56     


                                                                 
APPLY TO ANY PUBLIC EMPLOYEE BENEFIT PLAN COVERING ONLY ACCIDENT,  2,531        

CREDIT, DENTAL, DISABILITY INCOME, LONG-TERM CARE, HOSPITAL        2,532        

INDEMNITY, MEDICARE SUPPLEMENT, MEDICARE, TRICARE, SPECIFIED       2,533        

DISEASE, OR VISION CARE; COVERAGE ISSUED AS A SUPPLEMENT TO        2,534        

LIABILITY INSURANCE; INSURANCE ARISING OUT OF WORKERS'             2,535        

COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL PAYMENT            2,536        

INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR   2,537        

WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED TO BE    2,538        

CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT          2,539        

SELF-INSURANCE.                                                                 

      (C)  THE SUPERINTENDENT OF INSURANCE SHALL ESTABLISH AND     2,541        

MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING REQUESTS FOR REVIEW  2,543        

FROM PLAN MEMBERS WHO HAVE BEEN DENIED COVERAGE OF A HEALTH CARE   2,544        

SERVICE ON THE GROUNDS THAT THE SERVICE IS NOT A SERVICE COVERED   2,545        

UNDER THE TERMS OF THE PUBLIC EMPLOYEE BENEFIT PLAN.               2,546        

      ON RECEIPT OF A WRITTEN REQUEST FROM A PLAN MEMBER OR        2,548        

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   2,549        

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    2,550        

PLAN, EXCEPT THAT THE SUPERINTENDENT SHALL NOT CONDUCT A REVIEW    2,552        

UNDER THIS SECTION UNLESS THE PLAN MEMBER HAS EXHAUSTED THE        2,553        

PLAN'S INTERNAL REVIEW PROCESS.  THE PLAN AND THE PLAN MEMBER OR   2,554        

AUTHORIZED PERSON SHALL PROVIDE THE SUPERINTENDENT WITH ANY        2,555        

INFORMATION REQUIRED BY THE SUPERINTENDENT THAT IS IN THEIR        2,556        

POSSESSION AND IS GERMANE TO THE REVIEW.                                        

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       2,558        

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   2,559        

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         2,560        

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       2,561        

PLAN.  THE SUPERINTENDENT SHALL NOTIFY THE PLAN MEMBER AND THE     2,562        

PLAN OF ITS DETERMINATION OR THAT IT IS NOT ABLE TO MAKE A         2,563        

DETERMINATION BECAUSE THE DETERMINATION REQUIRES THE RESOLUTION    2,564        

OF A MEDICAL ISSUE.                                                             

      IF THE SUPERINTENDENT NOTIFIES THE PLAN THAT MAKING THE      2,566        

DETERMINATION REQUIRES THE RESOLUTION OF A MEDICAL ISSUE, THE      2,567        

                                                          57     


                                                                 
PLAN SHALL AFFORD THE PLAN MEMBER AN OPPORTUNITY FOR EXTERNAL      2,568        

REVIEW UNDER SECTION 3923.76 OR 3923.77 OF THE REVISED CODE.  IF   2,569        

THE SUPERINTENDENT NOTIFIES THE PLAN THAT THE HEALTH CARE SERVICE  2,570        

IS NOT A COVERED SERVICE, THE PLAN IS NOT REQUIRED TO COVER THE    2,571        

SERVICE OR AFFORD THE PLAN MEMBER AN EXTERNAL REVIEW.              2,572        

      Sec. 3923.76.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  2,575        

(C) OF THIS SECTION, A PUBLIC EMPLOYEE BENEFIT PLAN SHALL AFFORD   2,576        

A PLAN MEMBER AN OPPORTUNITY FOR AN  EXTERNAL REVIEW OF A          2,578        

COVERAGE DENIAL WHEN REQUESTED BY THE PLAN MEMBER OR AUTHORIZED    2,579        

PERSON, IF BOTH OF THE FOLLOWING ARE THE CASE:                                  

      (1)  THE PLAN HAS DENIED, REDUCED, OR TERMINATED COVERAGE    2,581        

FOR WHAT WOULD BE A COVERED HEALTH CARE SERVICE EXCEPT THAT THE    2,582        

PLAN HAS DETERMINED THAT THE HEALTH CARE SERVICE IS NOT MEDICALLY  2,583        

NECESSARY.                                                                      

      (2)  EXCEPT IN THE CASE OF EXPEDITED REVIEW, THE PROPOSED    2,586        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      2,587        

COST THE PLAN MEMBER MORE THAN FIVE HUNDRED DOLLARS IF THE         2,588        

PROPOSED SERVICE IS NOT COVERED BY THE PLAN.                       2,589        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   2,591        

SECTION, EXCEPT THAT IF A PLAN MEMBER WITH A TERMINAL CONDITION    2,592        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 3923.77 OF    2,593        

THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      2,595        

THAT SECTION.                                                      2,596        

      (B)  A PLAN MEMBER NEED NOT BE AFFORDED A REVIEW UNDER THIS  2,598        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     2,600        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    2,602        

SECTION 3923.75 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE   2,603        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE PLAN.              2,604        

      (2)  THE PLAN MEMBER HAS FAILED TO EXHAUST THE PLAN'S        2,606        

INTERNAL REVIEW PROCESS.                                           2,607        

      (3)  THE PLAN MEMBER HAS PREVIOUSLY BEEN AFFORDED AN         2,609        

EXTERNAL REVIEW FOR THE SAME DENIAL OF COVERAGE, AND NO NEW        2,610        

CLINICAL INFORMATION HAS BEEN SUBMITTED TO THE PLAN.               2,611        

      (C)(1)  A PLAN MAY DENY A REQUEST FOR AN EXTERNAL REVIEW IF  2,613        

                                                          58     


                                                                 
IT IS REQUESTED LATER THAN SIXTY DAYS AFTER RECEIPT BY THE PLAN    2,614        

MEMBER OF NOTICE FROM THE SUPERINTENDENT OF INSURANCE UNDER        2,615        

SECTION 3923.75 OF THE REVISED CODE THAT MAKING THE DETERMINATION  2,616        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.  AN EXTERNAL REVIEW    2,618        

MAY BE REQUESTED BY THE PLAN MEMBER, AN AUTHORIZED PERSON, THE     2,619        

PLAN MEMBER'S PROVIDER, OR A HEALTH CARE FACILITY RENDERING        2,620        

HEALTH CARE SERVICE TO THE PLAN MEMBER.  THE PLAN MEMBER MAY       2,621        

REQUEST A REVIEW WITHOUT THE APPROVAL OF THE PROVIDER OR THE       2,622        

HEALTH CARE FACILITY RENDERING THE HEALTH CARE SERVICE.  THE       2,623        

PROVIDER OR HEALTH CARE FACILITY MAY NOT REQUEST A REVIEW WITHOUT  2,624        

THE PRIOR CONSENT OF THE PLAN MEMBER.                                           

      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        2,626        

EXCEPT THAT IF THE PLAN MEMBER HAS A CONDITION THAT REQUIRES       2,627        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         2,628        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   2,629        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST MUST BE SUBMITTED TO  2,630        

THE PLAN NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS MADE.       2,631        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  2,633        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  2,634        

THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING   2,635        

THE HEALTH CARE SERVICE TO THE PLAN MEMBER THAT THE PROPOSED       2,636        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      2,637        

COST THE PLAN MEMBER MORE THAN FIVE HUNDRED DOLLARS IF THE         2,638        

PROPOSED SERVICE IS NOT COVERED BY THE PLAN.                       2,639        

      (3)  FOR AN EXPEDITED REVIEW, THE PLAN MEMBER'S PROVIDER     2,641        

MUST CERTIFY THAT THE PLAN MEMBER'S CONDITION COULD, IN THE        2,642        

ABSENCE OF IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE       2,643        

FOLLOWING:                                                                      

      (a)  PLACING THE HEALTH OF THE PLAN MEMBER OR, WITH RESPECT  2,645        

TO A PREGNANT WOMAN, THE HEALTH OF THE PLAN MEMBER OR THE UNBORN   2,647        

CHILD, IN SERIOUS JEOPARDY;                                        2,648        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 2,650        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        2,652        

      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    2,654        

                                                          59     


                                                                 
SHALL INCLUDE ALL OF THE FOLLOWING:                                2,655        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,657        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,658        

SECTION 3901.80 OF THE REVISED CODE.                               2,659        

      (2)  EXCEPT AS PROVIDED IN DIVISIONS (D)(3) AND (4) OF THIS  2,661        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    2,662        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          2,663        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,664        

FOLLOWING:                                                         2,665        

      (a)  THE PLAN OR ANY OFFICER, DIRECTOR, OR MANAGERIAL        2,667        

EMPLOYEE OF THE PLAN;                                              2,669        

      (b)  THE PLAN MEMBER, THE PLAN MEMBER'S PROVIDER, OR THE     2,671        

PRACTICE GROUP OF THE PLAN MEMBER'S PROVIDER;                      2,673        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       2,675        

SERVICE REQUESTED BY THE PLAN MEMBER WOULD BE PROVIDED;            2,677        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,679        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE PLAN MEMBER.        2,681        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     2,683        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  2,684        

CIRCUMSTANCES:                                                     2,685        

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        2,687        

MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO MEMBERS OF    2,689        

THE PLAN.                                                          2,690        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      2,692        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO MEMBERS OF     2,694        

THE PLAN.                                                          2,695        

      (c)  THE CLINICAL PEER HAS A CONTRACTUAL RELATIONSHIP WITH   2,697        

THE PLAN BUT WAS NOT INVOLVED WITH THE PLAN'S COVERAGE DECISION.   2,699        

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   2,701        

PLAN FROM PAYING THE INDEPENDENT REVIEW ORGANIZATION FOR THE       2,702        

CONDUCT OF THE REVIEW.                                             2,703        

      (5)  A PLAN MEMBER SHALL NOT BE REQUIRED TO PAY FOR ANY      2,705        

PART OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE   2,706        

BORNE BY THE PLAN.                                                 2,707        

                                                          60     


                                                                 
      (6)(a)  THE PLAN SHALL PROVIDE TO THE INDEPENDENT REVIEW     2,709        

ORGANIZATION CONDUCTING THE REVIEW A COPY OF THOSE RECORDS IN ITS  2,711        

POSSESSION THAT ARE RELEVANT TO THE PLAN MEMBER'S MEDICAL          2,712        

CONDITION AND THE REVIEW.                                          2,713        

      RECORDS SHALL BE USED SOLELY FOR THE PURPOSE OF THIS         2,716        

DIVISION.  AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION,  2,717        

THE PLAN, PLAN MEMBER, PROVIDER, OR HEALTH CARE FACILITY           2,718        

RENDERING HEALTH CARE SERVICES TO THE PLAN MEMBER SHALL PROVIDE    2,719        

ANY ADDITIONAL INFORMATION THE INDEPENDENT REVIEW ORGANIZATION     2,720        

REQUESTS TO COMPLETE THE REVIEW.  A REQUEST FOR ADDITIONAL                      

INFORMATION MAY BE MADE IN WRITING, ORALLY, OR BY ELECTRONIC       2,721        

MEANS.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SUBMIT THE       2,722        

REQUEST TO THE PLAN MEMBER AND THE PLAN.  IF A REQUEST IS          2,723        

SUBMITTED ORALLY OR BY ELECTRONIC MEANS TO A PLAN MEMBER OR PLAN,  2,724        

NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS SUBMITTED, THE       2,725        

INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE WRITTEN              2,726        

CONFIRMATION OF THE REQUEST.  IF THE REVIEW WAS INITIATED BY A     2,727        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE REQUEST SHALL BE   2,728        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,729        

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   2,731        

MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   2,733        

THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  2,734        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  2,735        

SHALL NOTIFY THE PLAN MEMBER AND THE PLAN THAT A DECISION IS NOT   2,737        

BEING MADE.  THE NOTICE MAY BE MADE IN WRITING, ORALLY, OR BY      2,738        

ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC NOTICE SHALL BE                        

CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    2,739        

ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS INITIATED BY A       2,740        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE NOTICE SHALL BE    2,741        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,742        

      (7)  THE PLAN MAY ELECT TO COVER THE SERVICE REQUESTED AND   2,745        

TERMINATE THE REVIEW.  THE PLAN SHALL NOTIFY THE PLAN MEMBER AND   2,746        

ALL OTHER PARTIES INVOLVED WITH THE DECISION BY MAIL, OR WITH THE  2,747        

CONSENT OR APPROVAL OF THE PLAN MEMBER, BY ELECTRONIC MEANS.       2,748        

                                                          61     


                                                                 
      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           2,750        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  2,751        

THE FOLLOWING:                                                     2,752        

      (a)  INFORMATION SUBMITTED BY THE PLAN, THE PLAN MEMBER,     2,754        

THE PLAN MEMBER'S PROVIDER, AND THE HEALTH CARE FACILITY           2,756        

RENDERING THE HEALTH CARE SERVICE, INCLUDING THE FOLLOWING:        2,757        

      (i)  THE PLAN MEMBER'S MEDICAL RECORDS;                      2,759        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   2,761        

BY THE PLAN TO MAKE ITS DECISION.                                  2,763        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         2,765        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,767        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY  2,768        

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE         2,769        

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   2,770        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        2,772        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        2,773        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   2,774        

AND RESEARCH;                                                      2,775        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           2,777        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            2,779        

RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY     2,780        

RELEVANT NATIONAL MEDICAL SOCIETIES.                               2,781        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,783        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,784        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,785        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A     2,786        

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,787        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,788        

COPY OF ITS DECISION TO THE PLAN AND THE PLAN MEMBER.  IF THE      2,789        

PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING       2,790        

HEALTH CARE SERVICES TO THE PLAN MEMBER REQUESTED THE REVIEW, THE  2,791        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,792        

DECISION TO THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE          2,793        

FACILITY.                                                                       

                                                          62     


                                                                 
      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    2,795        

INCLUDE A DESCRIPTION OF THE PLAN MEMBER'S CONDITION AND THE       2,797        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       2,799        

CLINICAL RATIONALE FOR THE DECISION.                                            

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      2,801        

DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     2,802        

THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      2,803        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     2,805        

AND COST-EFFECTIVENESS.                                                         

      (F)  THE PLAN SHALL PROVIDE ANY COVERAGE DETERMINED BY THE   2,807        

INDEPENDENT REVIEW ORGANIZATION'S DECISION TO BE MEDICALLY         2,808        

NECESSARY, SUBJECT TO THE OTHER TERMS, LIMITATIONS, AND            2,810        

CONDITIONS OF THE PLAN.                                                         

      Sec. 3923.77.  (A)  EACH PUBLIC EMPLOYEE BENEFIT PLAN SHALL  2,812        

ESTABLISH A REASONABLE EXTERNAL REVIEW PROCESS TO EXAMINE THE      2,814        

PLAN'S COVERAGE DECISIONS FOR PLAN MEMBERS WHO MEET ALL OF THE     2,815        

FOLLOWING CRITERIA:                                                2,816        

      (1)  THE PLAN MEMBER HAS A TERMINAL CONDITION THAT,          2,818        

ACCORDING TO THE CURRENT DIAGNOSIS OF THE PLAN MEMBER'S            2,819        

PHYSICIAN, HAS A HIGH PROBABILITY OF CAUSING DEATH WITHIN TWO      2,820        

YEARS.                                                                          

      (2)  THE PLAN MEMBER REQUESTS A REVIEW NOT LATER THAN SIXTY  2,822        

DAYS AFTER RECEIPT BY THE PLAN MEMBER OF NOTICE FROM THE           2,823        

SUPERINTENDENT OF INSURANCE UNDER SECTION 3923.75 OF THE REVISED   2,824        

CODE THAT MAKING A DETERMINATION REQUIRES RESOLUTION OF A MEDICAL  2,825        

ISSUE.                                                                          

      (3)  THE PLAN MEMBER'S PHYSICIAN CERTIFIES THAT THE PLAN     2,827        

MEMBER HAS THE CONDITION DESCRIBED IN DIVISION (A)(1) OF THIS      2,828        

SECTION AND ANY OF THE FOLLOWING SITUATIONS ARE APPLICABLE:        2,829        

      (a)  STANDARD THERAPIES HAVE NOT BEEN EFFECTIVE IN           2,831        

IMPROVING THE CONDITION OF THE PLAN MEMBER.                        2,833        

      (b)  STANDARD THERAPIES ARE NOT MEDICALLY APPROPRIATE FOR    2,835        

THE PLAN MEMBER.                                                   2,837        

      (c)  THERE IS NO STANDARD THERAPY COVERED BY THE PLAN THAT   2,839        

                                                          63     


                                                                 
IS MORE BENEFICIAL THAN THERAPY DESCRIBED IN DIVISION (A)(4) OF    2,841        

THIS SECTION.                                                      2,842        

      (4)  THE PLAN MEMBER'S PHYSICIAN HAS RECOMMENDED A DRUG,     2,844        

DEVICE, PROCEDURE, OR OTHER THERAPY THAT THE PHYSICIAN CERTIFIES,  2,845        

IN WRITING, IS LIKELY TO BE MORE BENEFICIAL TO THE PLAN MEMBER,    2,846        

IN THE PHYSICIAN'S OPINION, THAN STANDARD THERAPIES, OR THE PLAN   2,847        

MEMBER HAS REQUESTED A THERAPY THAT HAS BEEN FOUND IN A            2,848        

PREPONDERANCE OF PEER-REVIEWED PUBLISHED STUDIES TO BE ASSOCIATED  2,849        

WITH EFFECTIVE CLINICAL OUTCOMES FOR THE SAME CONDITION.           2,850        

      (5)  THE PLAN MEMBER HAS BEEN DENIED COVERAGE BY THE PLAN    2,852        

FOR A DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY RECOMMENDED OR     2,853        

REQUESTED PURSUANT TO DIVISION (A)(4) OF THIS SECTION, AND HAS     2,854        

EXHAUSTED ALL INTERNAL APPEALS.                                    2,855        

      (6)  THE DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY, FOR      2,857        

WHICH COVERAGE HAS BEEN DENIED, WOULD BE A COVERED HEALTH CARE     2,858        

SERVICE EXCEPT FOR THE PLAN'S DETERMINATION THAT THE DRUG,         2,859        

DEVICE, PROCEDURE, OR OTHER THERAPY IS EXPERIMENTAL OR             2,860        

INVESTIGATIONAL.                                                                

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  2,862        

THE PLAN MEMBER'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE     2,863        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        2,865        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    2,866        

ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             2,867        

CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE PLAN NOT     2,868        

LATER THAN FIVE DAYS AFTER THE ORAL OR WRITTEN REQUEST IS                       

SUBMITTED.  FOR AN EXPEDITED REVIEW, THE PLAN MEMBER'S PROVIDER    2,869        

MUST CERTIFY THAT THE REQUESTED OR RECOMMENDED THERAPY WOULD BE    2,870        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED.            2,871        

      (C)  THE EXTERNAL REVIEW PROCESS ESTABLISHED BY A PLAN       2,874        

SHALL MEET ALL OF THE FOLLOWING CRITERIA:                                       

      (1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     2,876        

THE PROCESS SHALL AFFORD ALL PLAN MEMBERS WHO MEET THE CRITERIA    2,877        

SET FORTH IN DIVISION (A) OF THIS SECTION THE OPPORTUNITY TO HAVE  2,878        

THE PLAN'S DECISION TO DENY COVERAGE OF THE RECOMMENDED OR         2,879        

                                                          64     


                                                                 
REQUESTED THERAPY REVIEWED UNDER THE PROCESS.  EACH ELIGIBLE PLAN  2,881        

MEMBER SHALL BE NOTIFIED OF THAT OPPORTUNITY WITHIN THIRTY         2,882        

BUSINESS DAYS AFTER THE PLAN DENIES COVERAGE.                      2,883        

      (2)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,885        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,886        

SECTION 3901.80 OF THE REVISED CODE.  THE INDEPENDENT REVIEW       2,888        

ORGANIZATION SHALL SELECT A PANEL TO CONDUCT THE REVIEW, WHICH     2,889        

PANEL SHALL BE COMPOSED OF AT LEAST THREE PHYSICIANS OR OTHER      2,890        

PROVIDERS WHO, THROUGH CLINICAL EXPERIENCE IN THE PAST THREE       2,891        

YEARS, ARE EXPERTS IN THE TREATMENT OF THE PLAN MEMBER'S MEDICAL   2,892        

CONDITION AND KNOWLEDGEABLE ABOUT THE RECOMMENDED OR REQUESTED     2,893        

THERAPY.  IF THE INDEPENDENT REVIEW ORGANIZATION RETAINED BY THE   2,894        

PLAN IS AN ACADEMIC MEDICAL CENTER, THE PANEL MAY INCLUDE EXPERTS  2,895        

AFFILIATED WITH OR EMPLOYED BY THE ACADEMIC MEDICAL CENTER.        2,896        

      IN EITHER OF THE FOLLOWING CIRCUMSTANCES, AN EXCEPTION MAY   2,898        

BE MADE TO THE REQUIREMENT THAT THE REVIEW BE CONDUCTED BY AN      2,899        

EXPERT PANEL COMPOSED OF A MINIMUM OF THREE PHYSICIANS OR OTHER    2,900        

PROVIDERS:                                                                      

      (a)  A REVIEW MAY BE CONDUCTED BY AN EXPERT PANEL COMPOSED   2,902        

OF ONLY TWO PHYSICIANS OR OTHER PROVIDERS IF A PLAN MEMBER HAS     2,903        

CONSENTED IN WRITING TO A REVIEW BY THE SMALLER PANEL.             2,904        

      (b)  A REVIEW MAY BE CONDUCTED BY A SINGLE EXPERT PHYSICIAN  2,906        

OR OTHER PROVIDER IF ONLY THE EXPERT PHYSICIAN OR OTHER PROVIDER   2,907        

IS AVAILABLE FOR THE REVIEW.                                       2,908        

      (3)  NEITHER THE PLAN NOR THE PLAN MEMBER SHALL CHOOSE, OR   2,910        

CONTROL THE CHOICE OF, THE PHYSICIAN OR OTHER PROVIDER EXPERTS.    2,911        

      (4)  THE SELECTED EXPERTS, ANY HEALTH CARE FACILITY WITH     2,913        

WHICH AN EXPERT IS AFFILIATED, AND  THE INDEPENDENT REVIEW         2,914        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW SHALL NOT HAVE ANY  2,915        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,916        

FOLLOWING:                                                                      

      (a)  THE PLAN OR ANY OFFICER, DIRECTOR, OR MANAGERIAL        2,918        

EMPLOYEE OF THE PLAN;                                              2,919        

      (b)  THE PLAN MEMBER, THE PLAN MEMBER'S PHYSICIAN, OR THE    2,921        

                                                          65     


                                                                 
PRACTICE GROUP OF THE PLAN MEMBER'S PHYSICIAN;                     2,922        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR    2,924        

REQUESTED THERAPY WOULD BE PROVIDED;                               2,925        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,927        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       2,928        

REQUESTED THERAPY.  HOWEVER, EXPERTS AFFILIATED WITH ACADEMIC      2,930        

MEDICAL CENTERS WHO PROVIDE HEALTH CARE SERVICES TO MEMBERS OF     2,931        

THE PLAN MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  FURTHER,       2,932        

EXPERTS WITH STAFF PRIVILEGES AT A HEALTH CARE FACILITY THAT       2,933        

PROVIDES HEALTH CARE SERVICES TO MEMBERS OF THE PLAN, AS WELL AS   2,934        

EXPERTS WHO HAVE A CONTRACTUAL RELATIONSHIP WITH THE PLAN, BUT     2,935        

WHO WERE NOT INVOLVED WITH THE PLAN'S DENIAL OF COVERAGE FOR THE   2,937        

THERAPY UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.    2,938        

THESE NONAFFILIATION PROVISIONS DO NOT PRECLUDE A PLAN FROM        2,939        

PAYING FOR THE EXPERTS' REVIEW, AS SPECIFIED IN DIVISION (C)(5)    2,940        

OF THIS SECTION.                                                                

      (5)  PLAN MEMBERS SHALL NOT BE REQUIRED TO PAY FOR ANY PART  2,942        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  2,943        

BY THE PLAN.                                                       2,944        

      (6)  THE PLAN SHALL PROVIDE TO THE INDEPENDENT REVIEW        2,946        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW A COPY OF THOSE     2,947        

RECORDS IN THE PLAN'S POSSESSION THAT ARE RELEVANT TO THE PLAN     2,948        

MEMBER'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL BE   2,949        

DISCLOSED SOLELY TO THE EXPERT REVIEWERS AND SHALL BE USED SOLELY  2,950        

FOR THE PURPOSE OF THIS SECTION.  AT THE REQUEST OF THE EXPERT     2,951        

REVIEWERS, THE PLAN OR THE PHYSICIAN REQUESTING THE THERAPY SHALL  2,952        

PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT REVIEWERS       2,953        

REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS NOT         2,954        

REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT RECEIVED     2,955        

ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS NECESSARY    2,956        

TO COMPLETE THE REVIEW.                                                         

      (7)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,958        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,959        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,961        

                                                          66     


                                                                 
OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,964        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,965        

COPY OF ITS DECISION TO THE PLAN AND THE PLAN MEMBER.  IF THE                   

PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING       2,967        

HEALTH CARE SERVICES TO THE PLAN MEMBER REQUESTED THE REVIEW, THE  2,968        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,971        

DECISION TO THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE                       

FACILITY.                                                          2,972        

      (b)  IN CONDUCTING THE REVIEW, THE EXPERTS ON THE PANEL      2,974        

SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                      2,975        

      (i)  INFORMATION SUBMITTED BY THE PLAN, THE PLAN MEMBER,     2,978        

AND THE PLAN MEMBER'S PHYSICIAN, INCLUDING THE PLAN MEMBER'S                    

MEDICAL RECORDS AND THE STANDARDS, CRITERIA, AND CLINICAL          2,980        

RATIONALE USED BY THE PLAN TO REACH ITS COVERAGE DECISION;         2,981        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        2,983        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,984        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         2,986        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         2,987        

RECOGNIZED MEDICAL EXPERTS;                                        2,988        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       2,990        

MEDICAL SOCIETIES;                                                 2,991        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             2,993        

EFFECTIVENESS.                                                                  

      (8)  EACH EXPERT ON THE PANEL SHALL PROVIDE THE INDEPENDENT  2,995        

REVIEW ORGANIZATION WITH A PROFESSIONAL OPINION AS TO WHETHER      2,996        

THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE THAT THE RECOMMENDED   2,997        

OR REQUESTED THERAPY IS LIKELY TO BE MORE BENEFICIAL TO THE PLAN   2,998        

MEMBER THAN STANDARD THERAPIES.                                    2,999        

      (9)  EACH EXPERT'S OPINION SHALL BE PRESENTED IN WRITTEN     3,001        

FORM AND SHALL INCLUDE THE FOLLOWING INFORMATION:                  3,002        

      (a)  A DESCRIPTION OF THE PLAN MEMBER'S CONDITION;           3,004        

      (b)  A DESCRIPTION OF THE INDICATORS RELEVANT TO             3,006        

                                                          67     


                                                                 
DETERMINING WHETHER THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE    3,007        

THAT THE RECOMMENDED OR REQUESTED THERAPY IS MORE LIKELY THAN NOT  3,008        

TO BE MORE BENEFICIAL TO THE PLAN MEMBER THAN STANDARD THERAPIES;  3,009        

      (c)  A DESCRIPTION AND ANALYSIS OF ANY RELEVANT FINDINGS     3,011        

PUBLISHED IN PEER-REVIEWED MEDICAL OR SCIENTIFIC LITERATURE OR     3,013        

THE PUBLISHED OPINIONS OF MEDICAL EXPERTS OR SPECIALTY SOCIETIES;  3,015        

      (d)  A DESCRIPTION OF THE PLAN MEMBER'S SUITABILITY TO       3,017        

RECEIVE THE RECOMMENDED OR REQUESTED THERAPY ACCORDING TO A        3,018        

TREATMENT PROTOCOL IN A CLINICAL TRIAL, IF APPLICABLE.             3,020        

      (10)  THE INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE THE  3,022        

PLAN WITH THE OPINIONS OF THE EXPERTS.  THE PLAN SHALL MAKE THE    3,023        

EXPERTS' OPINIONS AVAILABLE TO THE PLAN MEMBER AND THE PLAN        3,024        

MEMBER'S PHYSICIAN, UPON REQUEST.                                  3,026        

      (11)  THE OPINION OF THE MAJORITY OF THE EXPERTS ON THE      3,028        

PANEL, RENDERED PURSUANT TO DIVISION (C)(8) OF THIS SECTION, IS    3,029        

BINDING ON THE PLAN WITH RESPECT TO THAT PLAN MEMBER.  IF THE      3,030        

OPINIONS OF THE EXPERTS ON THE PANEL ARE EVENLY DIVIDED AS TO      3,032        

WHETHER THE THERAPY SHOULD BE COVERED, THE PLAN'S FINAL DECISION   3,033        

SHALL BE IN FAVOR OF COVERAGE.  IF LESS THAN A MAJORITY OF THE     3,034        

EXPERTS ON THE PANEL RECOMMEND COVERAGE OF THE THERAPY, THE PLAN   3,035        

MAY, IN ITS DISCRETION, COVER THE THERAPY.  HOWEVER, ANY COVERAGE  3,036        

PROVIDED PURSUANT TO DIVISION (C)(11) OF THIS SECTION IS SUBJECT   3,037        

TO THE TERMS, LIMITATIONS, AND CONDITIONS OF THE PLAN.             3,038        

      (12)  THE PLAN SHALL HAVE WRITTEN POLICIES DESCRIBING THE    3,040        

EXTERNAL REVIEW PROCESS.                                           3,041        

      (D)  IF A PLAN'S INITIAL DENIAL OF COVERAGE FOR A THERAPY    3,043        

RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF THIS       3,044        

SECTION IS BASED UPON AN EXTERNAL REVIEW OF THAT THERAPY MEETING   3,045        

THE REQUIREMENTS OF DIVISION (C) OF THIS SECTION, THIS SECTION     3,047        

SHALL NOT BE A BASIS FOR REQUIRING A SECOND EXTERNAL REVIEW OF     3,048        

THE RECOMMENDED OR REQUESTED THERAPY.                              3,049        

      (E)  AT ANY TIME DURING THE EXTERNAL REVIEW PROCESS, THE     3,052        

PLAN MAY ELECT TO COVER THE RECOMMENDED OR REQUESTED HEALTH CARE                

SERVICE AND TERMINATE THE REVIEW.  THE PLAN SHALL NOTIFY THE PLAN  3,054        

                                                          68     


                                                                 
MEMBER AND ALL OTHER PARTIES INVOLVED BY MAIL OR, WITH CONSENT OR  3,055        

APPROVAL OF THE PLAN MEMBER, BY ELECTRONIC MEANS.                  3,056        

      (F)  THE PLAN SHALL ANNUALLY FILE A CERTIFICATE WITH THE     3,058        

SUPERINTENDENT OF INSURANCE CERTIFYING ITS COMPLIANCE WITH THE     3,059        

REQUIREMENTS OF THIS SECTION.                                      3,060        

      Sec. 3923.78.  NOTHING IN SECTIONS 3923.75 TO 3923.79 OF     3,062        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    3,064        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       3,068        

EMPLOYEES THROUGH AN INSURER;                                                   

      (B)  A CLINICAL PEER OR INDEPENDENT REVIEW ORGANIZATION      3,071        

THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER SECTION 3923.76 OR   3,072        

3923.77 OF THE REVISED CODE;                                       3,073        

      (C)  A PLAN THAT PROVIDES COVERAGE FOR BENEFITS PURSUANT TO  3,077        

SECTION 3923.76 OR 3923.77 OF THE REVISED CODE.                    3,078        

      Sec. 3923.79.  CONSISTENT WITH THE RULES OF EVIDENCE, A      3,081        

WRITTEN DECISION OR OPINION PREPARED BY AN INDEPENDENT REVIEW      3,082        

ORGANIZATION UNDER SECTION 3923.76 OR 3923.77 OF THE REVISED CODE  3,083        

SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO THE COVERAGE    3,084        

DECISION THAT WAS THE SUBJECT OF THE DECISION OR OPINION.  THE     3,085        

INDEPENDENT REVIEW ORGANIZATION'S DECISION OR OPINION SHALL BE     3,086        

PRESUMED TO BE A SCIENTIFICALLY VALID AND ACCURATE DESCRIPTION OF  3,087        

THE STATE OF MEDICAL KNOWLEDGE AT THE TIME IT WAS WRITTEN.         3,088        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  3,091        

ACTION RELATED TO A PLAN'S DECISION INVOLVING AN INVESTIGATIONAL                

OR EXPERIMENTAL DRUG, DEVICE, OR TREATMENT MAY INTRODUCE INTO      3,092        

EVIDENCE ANY APPLICABLE MEDICARE REIMBURSEMENT STANDARDS           3,093        

ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49     3,095        

STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED.                     3,096        

      Sec. 5747.01.  Except as otherwise expressly provided or     3,105        

clearly appearing from the context, any term used in this chapter  3,106        

has the same meaning as when used in a comparable context in the   3,107        

Internal Revenue Code, and all other statutes of the United        3,108        

States relating to federal income taxes.                           3,109        

                                                          69     


                                                                 
      As used in this chapter:                                     3,111        

      (A)  "Adjusted gross income" or "Ohio adjusted gross         3,113        

income" means adjusted gross income as defined and used in the     3,114        

Internal Revenue Code, adjusted as provided in divisions (A)(1)    3,116        

to (17) of this section:                                                        

      (1)  Add interest or dividends on obligations or securities  3,118        

of any state or of any political subdivision or authority of any   3,119        

state, other than this state and its subdivisions and              3,120        

authorities.                                                                    

      (2)  Add interest or dividends on obligations of any         3,122        

authority, commission, instrumentality, territory, or possession   3,123        

of the United States that are exempt from federal income taxes     3,124        

but not from state income taxes.                                   3,125        

      (3)  Deduct interest or dividends on obligations of the      3,127        

United States and its territories and possessions or of any        3,128        

authority, commission, or instrumentality of the United States to  3,129        

the extent included in federal adjusted gross income but exempt    3,130        

from state income taxes under the laws of the United States.       3,131        

      (4)  Deduct disability and survivor's benefits to the        3,133        

extent included in federal adjusted gross income.                  3,134        

      (5)  Deduct benefits under Title II of the Social Security   3,136        

Act and tier 1 railroad retirement benefits to the extent          3,137        

included in federal adjusted gross income under section 86 of the  3,138        

Internal Revenue Code.                                             3,139        

      (6)  Add, in the case of a taxpayer who is a beneficiary of  3,141        

a trust that makes an accumulation distribution as defined in      3,142        

section 665 of the Internal Revenue Code, the portion, if any, of  3,143        

such distribution that does not exceed the undistributed net       3,144        

income of the trust for the three taxable years preceding the      3,145        

taxable year in which the distribution is made.  "Undistributed    3,146        

net income of a trust" means the taxable income of the trust       3,147        

increased by (a)(i) the additions to adjusted gross income         3,148        

required under division (A) of this section and (ii) the personal  3,149        

exemptions allowed to the trust pursuant to section 642(b) of the  3,150        

                                                          70     


                                                                 
Internal Revenue Code, and decreased by (b)(i) the deductions to   3,151        

adjusted gross income required under division (A) of this          3,152        

section, (ii) the amount of federal income taxes attributable to   3,153        

such income, and (iii) the amount of taxable income that has been  3,154        

included in the adjusted gross income of a beneficiary by reason   3,155        

of a prior accumulation distribution.  Any undistributed net       3,156        

income included in the adjusted gross income of a beneficiary      3,157        

shall reduce the undistributed net income of the trust commencing  3,158        

with the earliest years of the accumulation period.                3,159        

      (7)  Deduct the amount of wages and salaries, if any, not    3,161        

otherwise allowable as a deduction but that would have been        3,162        

allowable as a deduction in computing federal adjusted gross       3,163        

income for the taxable year, had the targeted jobs credit allowed  3,164        

and determined under sections 38, 51, and 52 of the Internal       3,165        

Revenue Code not been in effect.                                   3,166        

      (8)  Deduct any interest or interest equivalent on public    3,168        

obligations and purchase obligations to the extent included in     3,169        

federal adjusted gross income.                                     3,170        

      (9)  Add any loss or deduct any gain resulting from the      3,172        

sale, exchange, or other disposition of public obligations to the  3,173        

extent included in federal adjusted gross income.                  3,174        

      (10)  Regarding tuition credits purchased under Chapter      3,176        

3334. of the Revised Code:                                         3,177        

      (a)  Deduct the following:                                   3,179        

      (i)  For credits that as of the end of the taxable year      3,182        

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    3,184        

amount of income related to the credits, to the extent included    3,185        

in federal adjusted gross income;                                               

      (ii)  For credits that during the taxable year have been     3,188        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  3,189        

the total purchase price of the tuition credits refunded over the  3,190        

amount of refund, to the extent the amount of the excess was not   3,191        

                                                          71     


                                                                 
deducted in determining federal adjusted gross income;.            3,192        

      (b)  Add the following:                                      3,194        

      (i)  For credits that as of the end of the taxable year      3,197        

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    3,198        

amount of loss related to the credits, to the extent the amount    3,199        

of the loss was deducted in determining federal adjusted gross     3,200        

income;                                                                         

      (ii)  For credits that during the taxable year have been     3,203        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  3,205        

the amount of refund over the purchase price of each tuition       3,206        

credit refunded, to the extent not included in federal adjusted    3,207        

gross income.                                                                   

      (11)(a)  Deduct, in the case of a self-employed individual   3,209        

as defined in section 401(c)(1) of the Internal Revenue Code and   3,210        

to the extent not otherwise allowable as a deduction OR EXCLUSION  3,211        

in computing federal OR OHIO adjusted gross income for the         3,213        

taxable year, the amount THE TAXPAYER paid during the taxable      3,215        

year for insurance that constitutes medical care INSURANCE AND     3,216        

QUALIFIED LONG-TERM CARE INSURANCE for the taxpayer, the           3,217        

taxpayer's spouse, and dependents.  No deduction FOR MEDICAL CARE  3,219        

INSURANCE under division (A)(11) of this section shall be allowed  3,220        

EITHER to any taxpayer who is eligible to participate in any       3,221        

subsidized health plan maintained by any employer of the taxpayer  3,222        

or of the TAXPAYER'S spouse of the taxpayer.  No deduction under   3,224        

division (A)(11) of this section shall be allowed to the extent    3,226        

that the sum of such deduction and any related deduction           3,227        

allowable in computing federal adjusted gross income for the       3,228        

taxable year exceeds the taxpayer's earned income, within the      3,229        

meaning of section 401(c) of the Internal Revenue Code, derived    3,230        

by the taxpayer from the trade or business with respect to which   3,231        

the plan providing the medical coverage is established., OR TO     3,234        

ANY TAXPAYER WHO IS ENTITLED TO, OR ON APPLICATION WOULD BE                     

                                                          72     


                                                                 
ENTITLED TO, BENEFITS UNDER PART A OF TITLE XVIII OF THE "SOCIAL   3,236        

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS AMENDED.     3,237        

FOR THE PURPOSES OF DIVISION (A)(11)(a) OF THIS SECTION,           3,238        

"SUBSIDIZED HEALTH PLAN" MEANS A HEALTH PLAN FOR WHICH THE         3,240        

EMPLOYER PAYS ANY PORTION OF THE PLAN'S COST.  THE DEDUCTION       3,241        

ALLOWED UNDER DIVISION (A)(11)(a) OF THIS SECTION SHALL BE THE     3,244        

NET OF ANY RELATED PREMIUM REFUNDS, RELATED PREMIUM                             

REIMBURSEMENTS, OR RELATED INSURANCE PREMIUM DIVIDENDS RECEIVED    3,247        

DURING THE TAXABLE YEAR.                                           3,248        

      (b)  DEDUCT, TO THE EXTENT NOT OTHERWISE DEDUCTED OR         3,250        

EXCLUDED IN COMPUTING FEDERAL OR OHIO ADJUSTED GROSS INCOME        3,251        

DURING THE TAXABLE YEAR, THE AMOUNT THE TAXPAYER PAID DURING THE   3,252        

TAXABLE YEAR, NOT COMPENSATED FOR BY ANY INSURANCE OR OTHERWISE,   3,253        

FOR MEDICAL CARE OF THE TAXPAYER, THE TAXPAYER'S SPOUSE, AND       3,254        

DEPENDENTS, TO THE EXTENT THE EXPENSES EXCEED SEVEN AND ONE-HALF   3,255        

PER CENT OF THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME.          3,256        

      (c)  FOR PURPOSES OF DIVISION (A)(11) OF THIS SECTION,       3,258        

"MEDICAL CARE" HAS THE MEANING GIVEN IN SECTION 213 OF THE         3,260        

INTERNAL REVENUE CODE, SUBJECT TO THE SPECIAL RULES, LIMITATIONS,  3,261        

AND EXCLUSIONS SET FORTH THEREIN, AND "QUALIFIED LONG-TERM CARE"   3,262        

HAS THE SAME MEANING GIVEN IN SECTION 7702(B)(b) OF THE INTERNAL   3,263        

REVENUE CODE.                                                      3,264        

      (12)(a)  Deduct any amount included in federal adjusted      3,266        

gross income solely because the amount represents a reimbursement  3,267        

or refund of expenses that in a previous ANY year the taxpayer     3,268        

had deducted as an itemized deduction pursuant to section 63 of    3,269        

the Internal Revenue Code and applicable United States department  3,271        

of the treasury regulations.  THE DEDUCTION OTHERWISE ALLOWED      3,272        

UNDER DIVISION (A)(12)(a) OF THIS SECTION SHALL BE REDUCED TO THE  3,274        

EXTENT THE REIMBURSEMENT IS ATTRIBUTABLE TO AN AMOUNT THE          3,275        

TAXPAYER DEDUCTED UNDER THIS SECTION IN ANY TAXABLE YEAR.          3,276        

      (b)  ADD ANY AMOUNT NOT OTHERWISE INCLUDED IN OHIO ADJUSTED  3,278        

GROSS INCOME FOR ANY TAXABLE YEAR TO THE EXTENT THAT THE AMOUNT    3,281        

IS ATTRIBUTABLE TO THE RECOVERY DURING THE TAXABLE YEAR OF ANY     3,283        

                                                          73     


                                                                 
AMOUNT DEDUCTED OR EXCLUDED IN COMPUTING FEDERAL OR OHIO ADJUSTED  3,284        

GROSS INCOME IN ANY TAXABLE YEAR.                                               

      (13)  Deduct any portion of the deduction described in       3,286        

section 1341(a)(2) of the Internal Revenue Code, for repaying      3,287        

previously reported income received under a claim of right, that   3,288        

meets both of the following requirements:                          3,289        

      (a)  It is allowable for repayment of an item that was       3,291        

included in the taxpayer's adjusted gross income for a prior       3,292        

taxable year and did not qualify for a credit under division (A)   3,293        

or (B) of section 5747.05 of the Revised Code for that year;       3,294        

      (b)  It does not otherwise reduce the taxpayer's adjusted    3,296        

gross income for the current or any other taxable year.            3,297        

      (14)  Deduct an amount equal to the deposits made to, and    3,299        

net investment earnings of, a medical savings account during the   3,300        

taxable year, in accordance with section 3924.66 of the Revised    3,301        

Code.  The deduction allowed by division (A)(14) of this section   3,302        

does not apply to medical savings account deposits and earnings    3,303        

otherwise deducted or excluded for the current or any other        3,304        

taxable year from the taxpayer's federal adjusted gross income.    3,305        

      (15)(a)  Add an amount equal to the funds withdrawn from a   3,307        

medical savings account during the taxable year, and the net       3,308        

investment earnings on those funds, when the funds withdrawn were  3,309        

used for any purpose other than to reimburse an account holder     3,310        

for, or to pay, eligible medical expenses, in accordance with      3,311        

section 3924.66 of the Revised Code;                                            

      (b)  Add the amounts distributed from a medical savings      3,313        

account under division (A)(2) of section 3924.68 of the Revised    3,314        

Code during the taxable year.                                      3,315        

      (16)  Add any amount claimed as a credit under section       3,317        

5747.059 of the Revised Code to the extent that such amount        3,318        

satisfies either of the following:                                              

      (a)  The amount was deducted or excluded from the            3,320        

computation of the taxpayer's federal adjusted gross income as     3,321        

required to be reported for the taxpayer's taxable year under the  3,322        

                                                          74     


                                                                 
Internal Revenue Code;                                                          

      (b)  The amount resulted in a reduction of the taxpayer's    3,324        

federal adjusted gross income as required to be reported for any   3,325        

of the taxpayer's taxable years under the Internal Revenue Code.   3,326        

      (17)  Deduct the amount contributed by the taxpayer to an    3,328        

individual development account program established by a county     3,329        

department of human services pursuant to sections 329.11 to        3,330        

329.14 of the Revised Code for the purpose of matching funds       3,331        

deposited by program participants.  On request of the tax          3,332        

commissioner, the taxpayer shall provide any information that, in               

the tax commissioner's opinion, is necessary to establish the      3,333        

amount deducted under division (A)(17) of this section.            3,334        

      (B)  "Business income" means income arising from             3,336        

transactions, activities, and sources in the regular course of a   3,337        

trade or business and includes income from tangible and            3,338        

intangible property if the acquisition, rental, management, and    3,339        

disposition of the property constitute integral parts of the       3,340        

regular course of a trade or business operation.                   3,341        

      (C)  "Nonbusiness income" means all income other than        3,343        

business income and may include, but is not limited to,            3,344        

compensation, rents and royalties from real or tangible personal   3,345        

property, capital gains, interest, dividends and distributions,    3,346        

patent or copyright royalties, or lottery winnings, prizes, and    3,347        

awards.                                                            3,348        

      (D)  "Compensation" means any form of remuneration paid to   3,350        

an employee for personal services.                                 3,351        

      (E)  "Fiduciary" means a guardian, trustee, executor,        3,353        

administrator, receiver, conservator, or any other person acting   3,354        

in any fiduciary capacity for any individual, trust, or estate.    3,355        

      (F)  "Fiscal year" means an accounting period of twelve      3,357        

months ending on the last day of any month other than December.    3,358        

      (G)  "Individual" means any natural person.                  3,360        

      (H)  "Internal Revenue Code" means the "Internal Revenue     3,362        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          3,363        

                                                          75     


                                                                 
      (I)  "Resident" means:                                       3,365        

      (1)  An individual who is domiciled in this state, subject   3,367        

to section 5747.24 of the Revised Code;                            3,368        

      (2)  The estate of a decedent who at the time of death was   3,371        

domiciled in this state.  The domicile tests of section 5747.24    3,372        

of the Revised Code and any election under section 5747.25 of the  3,373        

Revised Code are not controlling for purposes of division (I)(2)   3,374        

of this section.                                                                

      (J)  "Nonresident" means an individual or estate that is     3,376        

not a resident.  An individual who is a resident for only part of  3,377        

a taxable year is a nonresident for the remainder of that taxable  3,378        

year.                                                              3,379        

      (K)  "Pass-through entity" has the same meaning as in        3,381        

section 5733.04 of the Revised Code.                               3,382        

      (L)  "Return" means the notifications and reports required   3,384        

to be filed pursuant to this chapter for the purpose of reporting  3,385        

the tax due and includes declarations of estimated tax when so     3,386        

required.                                                          3,387        

      (M)  "Taxable year" means the calendar year or the           3,389        

taxpayer's fiscal year ending during the calendar year, or         3,390        

fractional part thereof, upon which the adjusted gross income is   3,391        

calculated pursuant to this chapter.                               3,392        

      (N)  "Taxpayer" means any person subject to the tax imposed  3,394        

by section 5747.02 of the Revised Code or any pass-through entity  3,395        

that makes the election under division (D) of section 5747.08 of   3,396        

the Revised Code.                                                               

      (O)  "Dependents" means dependents as defined in the         3,398        

Internal Revenue Code and as claimed in the taxpayer's federal     3,399        

income tax return for the taxable year or which the taxpayer       3,400        

would have been permitted to claim had the taxpayer filed a        3,401        

federal income tax return.                                         3,403        

      (P)  "Principal county of employment" means, in the case of  3,405        

a nonresident, the county within the state in which a taxpayer     3,406        

performs services for an employer or, if those services are        3,407        

                                                          76     


                                                                 
performed in more than one county, the county in which the major   3,408        

portion of the services are performed.                             3,409        

      (Q)  As used in sections 5747.50 to 5747.55 of the Revised   3,411        

Code:                                                                           

      (1)  "Subdivision" means any county, municipal corporation,  3,413        

park district, or township.                                        3,414        

      (2)  "Essential local government purposes" includes all      3,416        

functions that any subdivision is required by general law to       3,417        

exercise, including like functions that are exercised under a      3,418        

charter adopted pursuant to the Ohio Constitution.                 3,419        

      (R)  "Overpayment" means any amount already paid that        3,421        

exceeds the figure determined to be the correct amount of the      3,422        

tax.                                                               3,423        

      (S)  "Taxable income" applies to estates only and means      3,425        

taxable income as defined and used in the Internal Revenue Code    3,426        

adjusted as follows:                                               3,427        

      (1)  Add interest or dividends on obligations or securities  3,429        

of any state or of any political subdivision or authority of any   3,430        

state, other than this state and its subdivisions and              3,431        

authorities;                                                       3,432        

      (2)  Add interest or dividends on obligations of any         3,434        

authority, commission, instrumentality, territory, or possession   3,435        

of the United States that are exempt from federal income taxes     3,436        

but not from state income taxes;                                   3,437        

      (3)  Add the amount of personal exemption allowed to the     3,439        

estate pursuant to section 642(b) of the Internal Revenue Code;    3,440        

      (4)  Deduct interest or dividends on obligations of the      3,442        

United States and its territories and possessions or of any        3,443        

authority, commission, or instrumentality of the United States     3,444        

that are exempt from state taxes under the laws of the United      3,445        

States;                                                            3,446        

      (5)  Deduct the amount of wages and salaries, if any, not    3,448        

otherwise allowable as a deduction but that would have been        3,449        

allowable as a deduction in computing federal taxable income for   3,450        

                                                          77     


                                                                 
the taxable year, had the targeted jobs credit allowed under       3,451        

sections 38, 51, and 52 of the Internal Revenue Code not been in   3,452        

effect;                                                            3,453        

      (6)  Deduct any interest or interest equivalent on public    3,455        

obligations and purchase obligations to the extent included in     3,456        

federal taxable income;                                            3,457        

      (7)  Add any loss or deduct any gain resulting from sale,    3,459        

exchange, or other disposition of public obligations to the        3,460        

extent included in federal taxable income;                         3,461        

      (8)  Except in the case of the final return of an estate,    3,463        

add any amount deducted by the taxpayer on both its Ohio estate    3,464        

tax return pursuant to section 5731.14 of the Revised Code, and    3,465        

on its federal income tax return in determining either federal     3,466        

adjusted gross income or federal taxable income;                   3,467        

      (9)(a)  Deduct any amount included in federal taxable        3,469        

income solely because the amount represents a reimbursement or     3,470        

refund of expenses that in a previous year the decedent had        3,471        

deducted as an itemized deduction pursuant to section 63 of the    3,472        

Internal Revenue Code and applicable treasury regulations;.  THE   3,474        

DEDUCTION OTHERWISE ALLOWED UNDER DIVISION (S)(9)(a) OF THIS       3,476        

SECTION SHALL BE REDUCED TO THE EXTENT THE REIMBURSEMENT IS                     

ATTRIBUTABLE TO AN AMOUNT THE TAXPAYER OR DECEDENT DEDUCTED UNDER  3,477        

THIS SECTION IN ANY TAXABLE YEAR.                                  3,478        

      (b)  ADD ANY AMOUNT NOT OTHERWISE INCLUDED IN OHIO TAXABLE   3,481        

INCOME FOR ANY TAXABLE YEAR TO THE EXTENT THAT THE AMOUNT IS       3,482        

ATTRIBUTABLE TO THE RECOVERY DURING THE TAXABLE YEAR OF ANY        3,483        

AMOUNT DEDUCTED OR EXCLUDED IN COMPUTING FEDERAL OR OHIO TAXABLE   3,484        

INCOME IN ANY TAXABLE YEAR.                                                     

      (10)  Deduct any portion of the deduction described in       3,486        

section 1341(a)(2) of the Internal Revenue Code, for repaying      3,487        

previously reported income received under a claim of right, that   3,488        

meets both of the following requirements:                          3,489        

      (a)  It is allowable for repayment of an item that was       3,491        

included in the taxpayer's taxable income or the decedent's        3,492        

                                                          78     


                                                                 
adjusted gross income for a prior taxable year and did not         3,493        

qualify for a credit under division (A) or (B) of section 5747.05  3,494        

of the Revised Code for that year.                                 3,495        

      (b)  It does not otherwise reduce the taxpayer's taxable     3,497        

income or the decedent's adjusted gross income for the current or  3,498        

any other taxable year.                                            3,499        

      (11)  Add any amount claimed as a credit under section       3,501        

5747.059 of the Revised Code to the extent that the amount         3,502        

satisfies either of the following:                                 3,503        

      (a)  The amount was deducted or excluded from the            3,505        

computation of the taxpayer's federal taxable income as required   3,506        

to be reported for the taxpayer's taxable year under the Internal  3,507        

Revenue Code;                                                                   

      (b)  The amount resulted in a reduction in the taxpayer's    3,509        

federal taxable income as required to be reported for any of the   3,510        

taxpayer's taxable years under the Internal Revenue Code.          3,511        

      (T)  "School district income" and "school district income    3,513        

tax" have the same meanings as in section 5748.01 of the Revised   3,514        

Code.                                                              3,515        

      (U)  As used in divisions (A)(8), (A)(9), (S)(6), and        3,517        

(S)(7) of this section, "public obligations," "purchase            3,518        

obligations," and "interest or interest equivalent" have the same  3,519        

meanings as in section 5709.76 of the Revised Code.                3,520        

      (V)  "Limited liability company" means any limited           3,522        

liability company formed under Chapter 1705. of the Revised Code   3,523        

or under the laws of any other state.                              3,524        

      (W)  "Pass-through entity investor" means any person who,    3,526        

during any portion of a taxable year of a pass-through entity, is  3,527        

a partner, member, shareholder, or investor in that pass-through   3,528        

entity.                                                                         

      (X)  "Banking day" has the same meaning as in section        3,530        

1304.01 of the Revised Code.                                       3,531        

      (Y)  "Month" means a calendar month.                         3,533        

      (Z)  "Quarter" means the first three months, the second      3,535        

                                                          79     


                                                                 
three months, the third three months, or the last three months of  3,536        

the taxpayer's taxable year.                                                    

      (AA)  Any term used in this chapter that is not otherwise    3,538        

defined in this section and that is not used in a comparable       3,539        

context in the Internal Revenue Code and other statutes of the     3,540        

United States relating to federal income taxes has the same        3,541        

meaning as in section 5733.40 of the Revised Code.                 3,542        

      Section 2.  That existing sections 1751.11, 1751.19,         3,544        

1751.33, 1751.35, 1751.77, 1751.78, 1751.81, 1751.82, 1751.83,     3,545        

1751.84, 1751.85, 1753.24, and 5747.01 of the Revised Code are     3,546        

hereby repealed.                                                                

      Section 3.  Sections 1 and 2 of this act, except for the     3,548        

amendment of sections 1751.11, 1751.33, and 5747.01 and the        3,549        

enactment of sections 1753.13 and 3923.65 of the Revised Code,     3,550        

shall take effect on May 1, 2000.  The enactment of section        3,551        

1753.13 and the amendment of sections 1751.11, 1751.33, and        3,552        

5747.01 of the Revised Code shall take effect on the effective                  

date of this section.  The enactment of section 3923.65 of the     3,553        

Revised Code shall take effect 180 days after the effective date   3,554        

of this section.                                                                

      Section 4.  Section 3923.65 of the Revised Code applies      3,556        

only to policies issued, issued for delivery, or renewed in this   3,558        

state 180 days after the effective date of this section and        3,559        

thereafter.                                                                     

      Section 5.  The amendment by this act of section 5747.01 of  3,561        

the Revised Code applies to taxable years beginning on or after    3,562        

January 1, 1999.                                                                

      Section 6.  It is the intent of the General Assembly that    3,564        

sections 1751.84, 1751.85, 3923.67, 3923.68, 3923.76, and 3923.77  3,565        

of the Revised Code, as enacted or amended by this act, provide    3,566        

health insuring corporation enrollees, insureds, and governmental  3,567        

plan members with a means for resolving health care coverage       3,569        

disputes expeditiously and avoid the need for lengthy and                       

expensive litigation.                                              3,570        

                                                          80     


                                                                 
      Section 7.  This act shall be known as "The Patient          3,572        

Protection Act of 1999."