| Sec. 2305.11. (A) An action for libel, slander, malicious | 13 |
|
prosecution,
or false imprisonment, an action for malpractice | 14 |
|
other than an
action upon a medical, dental, optometric, or | 15 |
|
chiropractic claim,
or an action
upon a statute for a penalty or | 16 |
|
forfeiture shall be
commenced within one year
after the cause of | 17 |
|
action accrued, provided that an action by an employee
for the | 18 |
|
payment of
unpaid minimum wages, unpaid overtime compensation, or | 19 |
|
liquidated
damages by reason of the nonpayment of minimum wages
or | 20 |
|
overtime
compensation shall be commenced within two years
after | 21 |
|
the cause
of action accrued. | 22 |
| (B)(1) Subject to division (B)(2) of this
section, an
action | 23 |
|
upon a medical, dental, optometric, or
chiropractic claim
shall be | 24 |
|
commenced within one year after the
cause of action accrued, | 25 |
|
except that, if prior to the
expiration of that one-year
period,
a | 26 |
|
claimant who allegedly
possesses a medical, dental, optometric,
or | 27 |
|
chiropractic claim
gives to the person who is the subject of
that | 28 |
|
claim written
notice that the claimant is considering
bringing an | 29 |
|
action upon
that claim, that action may be commenced
against the | 30 |
|
person
notified at any time within one hundred eighty
days after | 31 |
|
the
notice is so given. | 32 |
| (b) If an action upon a medical, dental, optometric, or | 40 |
|
chiropractic claim is not commenced within four years
after the | 41 |
|
occurrence of the act or omission constituting the alleged basis | 42 |
|
of the medical, dental, optometric,
or chiropractic claim, then, | 43 |
|
notwithstanding the time when the action
is determined to accrue | 44 |
|
under division (B)(1) of this section, any action upon that claim | 45 |
|
is barred. | 46 |
| (C) A civil action for unlawful abortion pursuant to
section | 47 |
|
2919.12 of the Revised Code, a civil action
authorized by division | 48 |
|
(H) of section 2317.56 of the Revised Code,
a civil action | 49 |
|
pursuant to division (B)(1) or (2) of section
2307.51 of the | 50 |
|
Revised Code for performing a dilation and extraction procedure
or | 51 |
|
attempting to perform a dilation and extraction procedure in | 52 |
|
violation of
section 2919.15 of the Revised Code, and a civil | 53 |
|
action pursuant to division
(B)(1) or (2) of section 2307.52 of | 54 |
|
the Revised Code for terminating or
attempting to terminate a | 55 |
|
human pregnancy after viability in violation of
division (A) or | 56 |
|
(B) of section 2919.17 of the Revised Code shall be commenced | 57 |
|
within one year after the performance or inducement of the | 58 |
|
abortion, within
one year after the attempt to perform or induce | 59 |
|
the abortion in violation of
division (A) or (B) of section | 60 |
|
2919.17 of the Revised Code, within one year
after the performance | 61 |
|
of the dilation and extraction procedure, or, in the
case of a | 62 |
|
civil action pursuant to division (B)(2) of section 2307.51 of the | 63 |
|
Revised Code, within one year after the attempt to perform the | 64 |
|
dilation and
extraction procedure. | 65 |
| (1)
"Hospital" includes any person, corporation,
association, | 67 |
|
board, or authority that is responsible for the
operation of any | 68 |
|
hospital licensed or registered in the state,
including, but not | 69 |
limited to, those
whichthat are owned or operated
by the state, | 70 |
|
political subdivisions, any person, any
corporation,
or any | 71 |
|
combination thereof.
"Hospital" also
includes any person, | 72 |
|
corporation, association, board, entity, or
authority that is | 73 |
|
responsible for the operation of any clinic
that
employs a | 74 |
|
full-time staff of physicians practicing in more
than
one | 75 |
|
recognized medical specialty and rendering advice,
diagnosis, | 76 |
|
care, and treatment to individuals.
"Hospital" does
not include | 77 |
|
any hospital operated by the government of the United
States or | 78 |
|
any of its branches. | 79 |
| (3)
"Medical claim" means any claim that is asserted in
any | 85 |
civil action against a physician, podiatrist,
or hospital,
home, | 86 |
|
or residential facility,
against
any employee or agent of a | 87 |
physician, podiatrist,
or
hospital,
home, or residential facility, | 88 |
|
or
against a registered nurse or
physical therapist,
and
that | 89 |
|
arises
out of the medical diagnosis, care, or treatment
of
any | 90 |
person.
"Medical claim" includes
derivativethe following: | 91 |
| (6)
"Dental claim" means any claim that is asserted in any | 103 |
|
civil action against a dentist, or against any employee or agent | 104 |
|
of a dentist, and that arises out of a dental operation or the | 105 |
|
dental diagnosis, care, or treatment of any person.
"Dental
claim" | 106 |
|
includes derivative claims for relief that arise from a
dental | 107 |
|
operation or the dental diagnosis, care, or treatment of a
person. | 108 |
| (7)
"Derivative claims for relief" include, but are not | 109 |
|
limited to, claims of a parent, guardian, custodian, or spouse of | 110 |
|
an individual who was the subject of any medical diagnosis, care, | 111 |
|
or treatment, dental diagnosis, care, or treatment, dental | 112 |
|
operation, optometric diagnosis, care, or
treatment, or | 113 |
|
chiropractic diagnosis, care, or treatment, that arise from that | 114 |
|
diagnosis, care, treatment, or operation, and that seek the | 115 |
|
recovery of damages for any of the following: | 116 |
| (a) Loss of society, consortium, companionship, care, | 117 |
|
assistance, attention, protection, advice, guidance, counsel, | 118 |
|
instruction, training, or education, or any other intangible loss | 119 |
|
that was sustained by the parent, guardian, custodian, or spouse; | 120 |
| (b) Expenditures of the parent, guardian, custodian, or | 121 |
|
spouse for medical, dental, optometric, or chiropractic care or | 122 |
|
treatment, for rehabilitation services, or for other care, | 123 |
|
treatment, services, products, or accommodations provided to the | 124 |
|
individual who was the subject of the medical diagnosis, care, or | 125 |
|
treatment, the dental diagnosis, care, or treatment, the dental | 126 |
|
operation, the optometric diagnosis, care, or
treatment, or the | 127 |
|
chiropractic diagnosis, care, or treatment. | 128 |
| (9)
"Chiropractic claim" means any claim that is asserted
in | 132 |
|
any civil action against a chiropractor, or against any
employee | 133 |
|
or agent of a chiropractor, and that arises out of the | 134 |
|
chiropractic diagnosis, care, or treatment of any person.
| 135 |
|
"Chiropractic claim" includes derivative claims for relief that | 136 |
|
arise from the chiropractic diagnosis, care, or treatment of a | 137 |
|
person. | 138 |
| (11)
"Optometric claim" means any claim that is asserted
in | 141 |
|
any civil action against an optometrist, or against any
employee | 142 |
|
or agent of an optometrist, and that arises out of the
optometric | 143 |
|
diagnosis, care, or treatment of any person.
"Optometric claim" | 144 |
|
includes derivative claims for relief that
arise from the | 145 |
|
optometric diagnosis, care, or treatment of a
person. | 146 |
| (1) Punitive or exemplary damages are recoverable from a | 187 |
|
defendant in question in a tort action on a basis other than that | 188 |
|
the actions or omissions of that defendant demonstrate malice, | 189 |
|
aggravated or egregious fraud, oppression, or insult, or on a | 190 |
|
basis other than that the defendant in question as principal or | 191 |
|
master authorized, participated in, or ratified actions or | 192 |
omissions of an agent or servant that so demonstrate;. | 193 |
| Sec. 2711.23. (A) To be valid and enforceable, any | 214 |
|
arbitration
agreements pursuant to sections 2711.01 and 2711.22 of | 215 |
|
the
Revised Code for controversies involving hospital or medical | 216 |
care, diagnosis, or treatment
whichthat are entered into prior to | 217 |
|
rendering such care, diagnosis, or treatment shall include or be | 218 |
|
subject to the following conditions: | 219 |
(B)(2) The agreement shall provide that the patient, or the | 223 |
patient's spouse, or the personal representative of
histhe | 224 |
|
patient's estate in
the event of the patient's death or | 225 |
|
incapacity, shall have a
right to withdraw the patient's consent | 226 |
to arbitrate
histhe
patient's claim by
notifying the physician or | 227 |
|
hospital in writing within sixty days
after the patient's | 228 |
|
discharge from the hospital for any claim
arising out of | 229 |
|
hospitalization, or within sixty days after the
termination of the | 230 |
|
physician-patient relationship for the
physical condition involved | 231 |
|
for any claim against a physician.
Nothing in this division shall | 232 |
|
be construed to mean that the
spouse of a competent patient can | 233 |
|
withdraw over the objection of
the patient the consent of the | 234 |
patient to arbitrate;. | 235 |
| Sec. 2711.24. (A) To the extent it is in ten-point type
and | 277 |
|
is executed in the following form, an arbitration agreement
of the | 278 |
|
type stated in section 2711.23 of the Revised Code shall
be | 279 |
|
presumed valid and enforceable in the absence of proof by a | 280 |
|
preponderance of the evidence that the execution of the agreement | 281 |
|
was induced by fraud, that the patient executed the agreement as
a | 282 |
|
direct result of the willful or negligent disregard by the | 283 |
|
physician or hospital of the patient's right not to so execute,
or | 284 |
|
that the patient executing the agreement was not able to | 285 |
|
communicate effectively in spoken and written English or any
other | 286 |
|
language in which the agreement is written: | 287 |
| Within fifteen days after a party to this agreement has
given | 294 |
written notice to the other of demand for arbitration of
saidthat | 295 |
|
dispute or controversy, the parties to the dispute or
controversy | 296 |
shall each appoint an arbitrator and give notice of
suchthe | 297 |
appointment to the other. Within a reasonable time after
such | 298 |
|
notices have been given, the two arbitrators so selected
shall | 299 |
|
select a neutral arbitrator and give notice of the
selection | 300 |
thereofof a neutral arbitrator to the parties. The arbitrators | 301 |
|
shall hold a
hearing
within a reasonable time from the date of | 302 |
|
notice of
selection of
the neutral arbitrator. | 303 |
| The patient, or the patient's spouse or the personal | 324 |
representative of
histhe patient's estate in the event of the | 325 |
|
patient's death
or incapacity, has the right to cancel this | 326 |
|
agreement to
arbitrate by notifying the physician or hospital in | 327 |
|
writing
within sixty days after the patient's discharge from the | 328 |
|
hospital
for any claim against a hospital, or within sixty days | 329 |
|
after the
termination of the physician-patient relationship for | 330 |
|
the
physical condition involved for claims against physicians.
The | 331 |
patient, or
histhe patient's spouse or representative, as | 332 |
|
appropriate, may
cancel this agreement by merely writing | 333 |
"cancelled" on the face
of one of
histhe patient's copies of the | 334 |
agreement, signing
histhe patient's name under
suchthat word, | 335 |
and
mailing, by certified mail, return receipt
requested,
such | 336 |
that copy to
the physician or hospital within
suchthe
sixty-day | 337 |
|
period. | 338 |
| Sec. 3721.02. (A) The director of health shall license homes | 361 |
|
and establish procedures to be followed in inspecting and | 362 |
|
licensing homes. The director may inspect a home at any time. | 363 |
|
Each home shall be inspected by the director at least once prior | 364 |
|
to the issuance of a license and at least once every fifteen | 365 |
|
months thereafter. The state fire marshal or a township, | 366 |
|
municipal, or other legally constituted fire department approved | 367 |
|
by the marshal shall also inspect a home prior to issuance of a | 368 |
|
license, at least once every fifteen months thereafter, and at
any | 369 |
|
other time requested by the director. A home does not have
to be | 370 |
|
inspected prior to issuance of a license by the director,
state | 371 |
|
fire marshal, or a fire department if ownership of the home
is | 372 |
|
assigned or transferred to a different person and the home was | 373 |
|
licensed under this chapter immediately prior to the assignment
or | 374 |
|
transfer. The director may enter at any time, for the
purposes of | 375 |
|
investigation, any institution, residence, facility,
or other | 376 |
structure
whichthat has been reported to the director or
that the | 377 |
|
director has reasonable cause to believe is operating as
a nursing | 378 |
|
home, residential care facility, or
home for the aging without a | 379 |
|
valid
license required by section 3721.05 of the Revised Code
or, | 380 |
|
in the case of a county home or district home, is operating | 381 |
|
despite the
revocation of its residential care facility license. | 382 |
|
The director may
delegate the director's
authority
and duties | 383 |
|
under this chapter to any division, bureau, agency, or official
of | 384 |
|
the department of health. | 385 |
(C)(3) The home maintains, in addition to a nursing home or | 406 |
|
residential care facility, a separate and discrete part
or unit | 407 |
|
that provides accommodations to individuals who do not require or | 408 |
|
receive skilled nursing care and do not receive personal care | 409 |
|
services
from the home, in which case the individuals in the | 410 |
|
separate and
discrete part or unit shall not be considered in | 411 |
|
determining the
number of residents in the home if the separate | 412 |
|
and discrete part
or unit is in compliance with the Ohio basic | 413 |
|
building code
established by the board of building standards under | 414 |
|
Chapters
3781. and 3791. of the Revised Code and the home permits | 415 |
|
the
director, on request, to inspect the separate and discrete | 416 |
|
part
or unit and speak with the individuals residing there, if | 417 |
|
they
consent, to determine whether the separate and discrete part | 418 |
|
or
unit meets the requirements of this division. | 419 |
| (D) The director of health shall charge an application fee | 420 |
|
and
an annual renewal licensing and inspection fee of one hundred | 421 |
|
dollars for each fifty persons or part thereof of a home's | 422 |
|
licensed capacity. All fees collected by the director for the | 423 |
|
issuance or renewal of licenses shall be deposited into the state | 424 |
|
treasury to the credit of the general operations fund created in | 425 |
|
section 3701.83 of the Revised Code for use only in administering | 426 |
|
and enforcing this chapter and rules adopted under it. | 427 |
| (E) The results of an inspection or investigation of a home | 428 |
|
that is conducted under this section, including any statement of | 429 |
|
deficiencies and all findings and deficiencies cited in the | 430 |
|
statement on the basis of the inspection or investigation, shall | 431 |
|
be used solely to determine the home's compliance with this | 432 |
|
chapter in any action or proceeding other than an action commenced | 433 |
|
under division (I) of section 3721.17 of the Revised Code. Those | 434 |
|
results of an inspection or investigation, that
statement of | 435 |
|
deficiencies, and the findings and deficiencies cited
in that | 436 |
|
statement shall not be used in any court or in any action
or | 437 |
|
proceeding that is pending in any court and are not admissible
in | 438 |
|
evidence in any action or proceeding unless that action or | 439 |
|
proceeding is an appeal of an action by the department of health | 440 |
|
under this chapter or is an action by any department or agency of | 441 |
|
the state to enforce this chapter. | 442 |
| (C)(1) Within thirty days of receiving a complaint under | 459 |
|
this section, the department of health shall investigate any | 460 |
|
complaint referred to it by a home's grievance committee and any | 461 |
|
complaint from any source that alleges that the home provided | 462 |
|
substantially less than adequate care or treatment, or | 463 |
|
substantially unsafe conditions, or, within seven days of | 464 |
|
receiving a complaint, refer it to the attorney general, if the | 465 |
|
attorney general
agrees to investigate within thirty days. | 466 |
| (2) Within thirty days of receiving a complaint under this | 467 |
|
section, the department of health may investigate any alleged | 468 |
|
violation of sections 3721.10 to 3721.17 of the Revised Code, or | 469 |
|
of rules, policies, or procedures adopted pursuant to those | 470 |
|
sections, not covered by division (C)(1) of this section, or it | 471 |
|
may, within seven days of receiving a complaint, refer the | 472 |
|
complaint to the grievance committee at the home where the
alleged | 473 |
|
violation occurred, or to the attorney general if the
attorney | 474 |
|
general
agrees to investigate within thirty days. | 475 |
| (D) If, after an investigation, the department of health | 476 |
|
finds probable cause to believe that a violation of sections | 477 |
|
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or | 478 |
|
procedures adopted pursuant to those sections, has occurred at a | 479 |
|
home that is certified under
the medicare or medicaid program,
it | 480 |
|
shall cite one or more
findings or deficiencies under sections | 481 |
|
5111.35 to 5111.62 of the
Revised Code. If the home is not so | 482 |
|
certified, the department
shall hold an adjudicative hearing | 483 |
|
within thirty days under
Chapter 119. of the Revised Code. | 484 |
| (E) Upon a finding at an adjudicative hearing under
division | 485 |
|
(D) of this section that a violation of sections 3721.10
to | 486 |
|
3721.17 of the Revised Code, or of rules, policies, or
procedures | 487 |
|
adopted pursuant thereto, has occurred, the department
of health | 488 |
|
shall make an order for compliance, set a reasonable
time for | 489 |
|
compliance, and assess a fine pursuant to division (F)
of this | 490 |
|
section. The fine shall be paid to the general revenue
fund only | 491 |
|
if compliance with the order is not shown to have been
made within | 492 |
|
the reasonable time set in the order. The department
of health | 493 |
|
may issue an order prohibiting the continuation of any
violation | 494 |
|
of sections 3721.10 to 3721.17 of the Revised Code. | 495 |
| (F) Any home found, pursuant to an adjudication hearing | 503 |
|
under division (D) of this section, to have violated sections | 504 |
|
3721.10 to 3721.17 of the Revised Code, or rules, policies, or | 505 |
|
procedures adopted pursuant to those sections may be fined not | 506 |
|
less than one hundred nor more than five hundred dollars for a | 507 |
|
first offense. For each subsequent offense, the home may be
fined | 508 |
|
not less than two hundred nor more than one thousand
dollars. | 509 |
| (2)(a)
The plaintiff in an action filed under division (I)(1) | 538 |
|
of this section may obtain injunctive relief against the violation | 539 |
|
of the resident's rights. The plaintiff also may recover | 540 |
|
compensatory damages based upon a showing, by a preponderance of | 541 |
|
the evidence, that the violation of the resident's rights resulted | 542 |
|
from a negligent act or omission of the person or home and that | 543 |
|
the violation was the proximate cause of the resident's injury, | 544 |
|
death, or loss to person or property. If compensatory damages are | 545 |
|
awarded for a violation
of the
resident's rights, section 2315.21 | 546 |
of the Revised Code,
except divisions (E)(1) and
(2) of that | 547 |
section, shall apply to an
award of punitive or exemplary damages | 548 |
|
for the violation. | 549 |
| (4) In an action brought under this section, or any other | 558 |
|
action brought by or on behalf of a resident or former resident of | 559 |
|
a home or a residential facility licensed under section 5123.19 of | 560 |
|
the Revised Code for injury, death, or loss to person or property, | 561 |
|
evidence of the care and treatment rendered by the home or | 562 |
|
facility to any resident other than the resident or former | 563 |
|
resident who brought the action or on whose behalf the action was | 564 |
|
brought is inadmissible. | 565 |
| Sec. 5111.411. The results of a survey of a nursing facility | 582 |
|
that is conducted under section 5111.39 of the Revised Code, | 583 |
|
including any statement of deficiencies and all findings and | 584 |
|
deficiencies cited in the statement on the basis of the survey, | 585 |
|
shall be used solely to determine the nursing facility's | 586 |
|
compliance with certification requirements. Those results of a | 587 |
|
survey, that statement of deficiencies, and the findings and | 588 |
|
deficiencies cited in that statement shall not be used in any | 589 |
|
court or in any action or proceeding that is pending in any court | 590 |
|
and are not admissible in evidence in any action or proceeding | 591 |
|
unless that action or proceeding is an appeal of an administrative | 592 |
|
action by the department of job and family services or contracting | 593 |
|
agency under this chapter or is an action by any department or | 594 |
|
agency of the state to enforce this chapter. | 595 |