As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                         Sub. H. B. No. 529      6            

      1999-2000                                                    7            


       REPRESENTATIVES TAYLOR-BRITTON-GRENDELL-D. MILLER-          8            

           PRINGLE-REDFERN-VERICH-PERRY-SENATOR DRAKE              9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 955.41 and 955.42 of the Revised    13           

                Code to increase the cap on the amount of          15           

                reimbursement that a person may receive for                     

                treatment of a rabies bite and to generally limit  16           

                reimbursement payments to injured persons who                   

                cannot, without deprivation of basic needs,        17           

                provide for the payment of the treatment expenses  18           

                themselves.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 955.41 and 955.42 of the Revised   22           

Code be amended to read as follows:                                24           

      Sec. 955.41.  The board of county commissioners, not later   33           

than the third regular meeting after it is presented with the      34           

account provided for by section 955.42 of the Revised Code, shall  35           

examine such THE account, and, if IT IS found in whole or part     37           

correct and just, shall MAY order the A payment in whole or in     38           

part to EITHER the patient and to, THE REPRESENTATIVE OF THE       39           

PATIENT REFERRED TO IN THAT SECTION, OR the physician who          40           

rendered such THE PATIENT'S MEDICAL OR SURGICAL treatment, in      41           

accordance with their respective claims, PROVIDED THAT A PAYMENT   43           

IS MADE ONLY FOR AN ACCOUNT WITH RESPECT TO WHICH THE BOARD        44           

DETERMINES THE PATIENT, THE PATIENT'S ESTATE, OR THE PATIENT'S     45           

PARENT OR GUARDIAN, AS APPLICABLE, IS UNABLE, WITHOUT DEPRIVATION  46           

OF BASIC NEEDS, TO FURTHER PROVIDE FOR THE PAYMENT OF THE          47           

                                                          2      


                                                                 
EXPENSES INCURRED FOR THE MEDICAL OR SURGICAL TREATMENT.  A        48           

person shall not receive for one BITE OR injury a sum exceeding    49           

two ONE THOUSAND FIVE hundred dollars.                                          

      Sec. 955.42.  A person bitten or injured by an animal        58           

afflicted with rabies, if such THE BITE OR injury has caused him   59           

THE PERSON to employ medical or surgical treatment or has          61           

required the expenditure of money, may PRESENT, within four        62           

months after such THE BITE OR injury and at a regular meeting of   64           

the board of county commissioners of the county where such THE     65           

BITE OR injury was received, present an itemized account of the    66           

expenses incurred and amount paid by him THE PERSON for medical    67           

and surgical attendance TREATMENT, verified by his THE PERSON'S    69           

own affidavit and that of his THE PERSON'S attending physician.    70           

The administrator or executor of the estate of a deceased person   71           

may present such claim and make such AN ACCOUNT, EXECUTE SUCH AN   73           

affidavit ON BEHALF OF THE DECEASED PERSON, AND PRESENT THAT       74           

AFFIDAVIT AND THE ATTENDING PHYSICIAN'S AFFIDAVIT TO THE BOARD     75           

WITHIN THAT FOUR-MONTH PERIOD.  If the person so bitten or                      

injured is a minor such, THE PERSON'S PARENT OR GUARDIAN MAY       76           

PRESENT SUCH AN ACCOUNT, EXECUTE SUCH AN affidavit may be made by  78           

his parent or guardian ON BEHALF OF THE PERSON, AND PRESENT THAT   79           

AFFIDAVIT AND THE ATTENDING PHYSICIAN'S AFFIDAVIT TO THE BOARD     80           

WITHIN THAT FOUR-MONTH PERIOD.  THE PERSON, THE ADMINISTRATOR OR   81           

EXECUTOR, OR THE PARENT OR GUARDIAN, AS APPLICABLE, SHALL          82           

PRESENT, WITH THE ACCOUNT AND AFFIDAVITS, DOCUMENTATION            83           

ESTABLISHING THAT THE PERSON, THE PERSON'S ESTATE, OR THE PARENT                

OR GUARDIAN, AS APPLICABLE, IS UNABLE, WITHOUT DEPRIVATION OF      84           

BASIC NEEDS, TO FURTHER PROVIDE FOR THE PAYMENT OF THE EXPENSES    85           

INCURRED FOR THE MEDICAL OR SURGICAL TREATMENT.                    86           

      Section 2.  That existing sections 955.41 and 955.42 of the  88           

Revised Code are hereby repealed.                                  90