REPRESENTATIVES Cates, Calvert, Grendell, Schmidt, Raga, Niehaus, Evans, Hoops, Faber, Olman, Aslanides, Collier, Hollister, Carey, Flowers, Lendrum, Wolpert, Gilb, Reidelbach, Latta, Carmichael, Jolivette, Williams, G. Smith, Schneider, Clancy, Husted, Setzer, Schaffer, White, Peterson

To amend sections 1751.67, 2117.06, 2305.11, 2305.15,

1

2305.234, 2317.02, 2317.54, 2323.56, 2711.21,

2

2711.22, 2711.23, 2711.24, 2743.02, 2743.43,

3

2919.16, 3923.63, 3923.64, 3929.71, and

4

5111.018, to enact sections 2303.23, 2305.113,

5

2323.41, 2323.42, 2323.43, and 2323.55, and to

6

repeal sections 2305.27 and 2323.57 of the Revised

7

Code relative to medical claims, dental claims,

8

optometric claims, and chiropractic claims.

9

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

Section 1. That sections 1751.67, 2117.06, 2305.11, 2305.15,	10
2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23,	11
2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, and	12
5111.018 be amended and sections 2303.23, 2305.113, 2323.41,	13
2323.42, 2323.43, and 2323.55 of the Revised Code be enacted to	14
read as follows:	15

Sec. 1751.67.  (A) Each individual or group health insuring	16
corporation policy, contract, or agreement delivered, issued for	17
delivery, or renewed in this state that provides maternity	18
benefits shall provide coverage of inpatient care and follow-up	19
care for a mother and her newborn as follows:	20

(1) The policy, contract, or agreement shall cover a minimum	21
of forty-eight hours of inpatient care following a normal vaginal	22
delivery and a minimum of ninety-six hours of inpatient care	23
following a cesarean delivery. Services covered as inpatient care	24
shall include medical, educational, and any other services that	25
are consistent with the inpatient care recommended in the	26
protocols and guidelines developed by national organizations that	27
represent pediatric, obstetric, and nursing professionals.	28

(2) The policy, contract, or agreement shall cover a	29
physician-directed source of follow-up care. Services covered as	30
follow-up care shall include physical assessment of the mother and	31
newborn, parent education, assistance and training in breast or	32
bottle feeding, assessment of the home support system, performance	33
of any medically necessary and appropriate clinical tests, and any	34
other services that are consistent with the follow-up care	35
recommended in the protocols and guidelines developed by national	36
organizations that represent pediatric, obstetric, and nursing	37
professionals. The coverage shall apply to services provided in a	38
medical setting or through home health care visits. The coverage	39
shall apply to a home health care visit only if the provider who	40
conducts the visit is knowledgeable and experienced in maternity	41
and newborn care.	42

When a decision is made in accordance with division (B) of	43
this section to discharge a mother or newborn prior to the	44
expiration of the applicable number of hours of inpatient care	45
required to be covered, the coverage of follow-up care shall apply	46
to all follow-up care that is provided within seventy-two hours	47
after discharge. When a mother or newborn receives at least the	48
number of hours of inpatient care required to be covered, the	49
coverage of follow-up care shall apply to follow-up care that is	50
determined to be medically necessary by the provider responsible	51
for discharging the mother or newborn.	52

(B) Any decision to shorten the length of inpatient stay to	53
less than that specified under division (A)(1) of this section	54
shall be made by the physician attending the mother or newborn,	55
except that if a nurse-midwife is attending the mother in	56
collaboration with a physician, the decision may be made by the	57
nurse-midwife. Decisions regarding early discharge shall be made	58
only after conferring with the mother or a person responsible for	59
the mother or newborn. For purposes of this division, a person	60
responsible for the mother or newborn may include a parent,	61
guardian, or any other person with authority to make medical	62
decisions for the mother or newborn.	63

(C)(1) No health insuring corporation may do either of the	64
following:	65

(a) Terminate the participation of a provider or health care	66
facility in an individual or group health care plan solely for	67
making recommendations for inpatient or follow-up care for a	68
particular mother or newborn that are consistent with the care	69
required to be covered by this section;	70

(b) Establish or offer monetary or other financial	71
incentives for the purpose of encouraging a person to decline the	72
inpatient or follow-up care required to be covered by this	73
section.	74

(2) Whoever violates division (C)(1)(a) or (b) of this	75
section has engaged in an unfair and deceptive act or practice in	76
the business of insurance under sections 3901.19 to 3901.26 of the	77
Revised Code.	78

(D) This section does not do any of the following:

79

(1) Require a policy, contract, or agreement to cover	80
inpatient or follow-up care that is not received in accordance	81
with the policy's, contract's, or agreement's terms pertaining to	82
the providers and facilities from which an individual is	83
authorized to receive health care services;	84

(2) Require a mother or newborn to stay in a hospital or	85
other inpatient setting for a fixed period of time following	86
delivery;	87

(3) Require a child to be delivered in a hospital or other	88
inpatient setting;	89

(4) Authorize a nurse-midwife to practice beyond the	90
authority to practice nurse-midwifery in accordance with Chapter	91
4723. of the Revised Code;	92

(5) Establish minimum standards of medical diagnosis, care,	93
or treatment for inpatient or follow-up care for a mother or	94
newborn. A deviation from the care required to be covered under	95
this section shall not, solely on the basis of this section, give	96
rise to a medical claim or to derivative claims for relief, as	97
those terms are defined in section 2305.112305.113 of the Revised	98
Code.	99

Sec. 2117.06.  (A) All creditors having claims against an	100
estate, including claims arising out of contract, out of tort, on	101
cognovit notes, or on judgments, whether due or not due, secured	102
or unsecured, liquidated or unliquidated, shall present their	103
claims in one of the following manners:	104

(1) To the executor or administrator in a writing;

105

(2) To the executor or administrator in a writing, and to	106
the probate court by filing a copy of the writing with it;	107

(3) In a writing that is sent by ordinary mail addressed to	108
the decedent and that is actually received by the executor or	109
administrator within the appropriate time specified in division	110
(B) of this section. For purposes of this division, if an	111
executor or administrator is not a natural person, the writing	112
shall be considered as being actually received by the executor or	113
administrator only if the person charged with the primary	114
responsibility of administering the estate of the decedent	115
actually receives the writing within the appropriate time	116
specified in division (B) of this section.	117

(B) All claims shall be presented within one year after the	118
death of the decedent, whether or not the estate is released from	119
administration or an executor or administrator is appointed during	120
that one-year period. Every claim presented shall set forth the	121
claimant's address.	122

(C) A claim that is not presented within one year after the	123
death of the decedent shall be forever barred as to all parties,	124
including, but not limited to, devisees, legatees, and	125
distributees. No payment shall be made on the claim and no action	126
shall be maintained on the claim, except as otherwise provided in	127
sections 2117.37 to 2117.42 of the Revised Code with reference to	128
contingent claims.	129

(D) In the absence of any prior demand for allowance, the	130
executor or administrator shall allow or reject all claims, except	131
tax assessment claims, within thirty days after their	132
presentation, provided that failure of the executor or	133
administrator to allow or reject within that time shall not	134
prevent the executor or administrator from doing so after that	135
time and shall not prejudice the rights of any claimant. Upon the	136
allowance of a claim, the executor or the administrator, on demand	137
of the creditor, shall furnish the creditor with a written	138
statement or memorandum of the fact and date of the allowance.	139

(E) If the executor or administrator has actual knowledge of	140
a pending action commenced against the decedent prior to the	141
decedent's death in a court of record in this state, the executor	142
or administrator shall file a notice of his the appointment of the	143
executor or administrator in the pending action within ten days	144
after acquiring that knowledge. If the administrator or executor	145
is not a natural person, actual knowledge of a pending suit	146
against the decedent shall be limited to the actual knowledge of	147
the person charged with the primary responsibility of	148
administering the estate of the decedent. Failure to file the	149
notice within the ten-day period does not extend the claim period	150
established by this section.	151

(F) This section applies to any person who is required to	152
give written notice to the executor or administrator of a motion	153
or application to revive an action pending against the decedent at	154
the date of the death of the decedent.	155

(G) Nothing in this section or in section 2117.07 of the	156
Revised Code shall be construed to reduce the time mentioned in	157
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	158
of the Revised Code, provided that no portion of any recovery on a	159
claim brought pursuant to any of those sections shall come from	160
the assets of an estate unless the claim has been presented	161
against the estate in accordance with Chapter 2117. of the Revised	162
Code.	163

(H) Any person whose claim has been presented and has not	164
been rejected after presentment is a creditor as that term is used	165
in Chapters 2113. to 2125. of the Revised Code. Claims that are	166
contingent need not be presented except as provided in sections	167
2117.37 to 2117.42 of the Revised Code, but, whether presented	168
pursuant to those sections or this section, contingent claims may	169
be presented in any of the manners described in division (A) of	170
this section.	171

(I) If a creditor presents a claim against an estate in	172
accordance with division (A)(2) of this section, the probate court	173
shall not close the administration of the estate until that claim	174
is allowed or rejected.	175

(J) The probate court shall not require an executor or	176
administrator to make and return into the court a schedule of	177
claims against the estate.	178

(K) If the executor or administrator makes a distribution of	179
the assets of the estate prior to the expiration of the time for	180
the filing of claims as set forth in this section, the executor	181
or administrator shall provide notice on the account delivered to	182
each distributee that the distributee may be liable to the estate	183
up to the value of the distribution and may be required to return	184
all or any part of the value of the distribution if a valid claim	185
is subsequently made against the estate within the time permitted	186
under this section.	187

Sec. 2303.23. (A) Before the fifteenth day of January of each	188
year, every clerk of a court of common pleas in this state shall	189
send to the department of insurance an annual report containing	190
all of the following information relating to each civil action	191
upon a medical claim, dental claim, optometric claim, or	192
chiropractic claim that was filed or is pending in that court of	193
common pleas:	194

(1) The style and number of the case;

195

(2) The date of the filing of the case;

196

(3) Whether or not there has been a trial and the dates of	197
the trial if there was a trial;	198

(4) The current status of the case;

199

(5) Whether or not the parties have agreed on a settlement	200
of the case;	201

(6) Whether or not a judgment has been rendered, the nature	202
of the judgment, including the amounts of the compensatory damages	203
that represent economic loss and noneconomic loss, and the date of	204
entry of the judgment;	205

(7) If a judgment has been rendered, whether or not a notice	206
of appeal of the judgment has been filed or whether the time for	207
filing an appeal has expired.	208

(B) If a report that relates to a specific civil action as	209
described in division (A) of this section includes the information	210
specified in divisions (A)(6) and (7) of this section with respect	211
to that action or if the parties have agreed on a settlement, the	212
succeeding annual report that the clerk of the court sends to the	213
department of insurance no longer shall include the information	214
described in division (A) of this section with respect to that	215
action.	216

(C) For the purpose of paying the costs of implementing	217
division (A) of this section, the court of common pleas shall	218
collect the sum of five dollars as additional filing fees in each	219
civil action upon a medical claim, dental claim, optometric claim,	220
or chiropractic claim that is filed in the court.	221

(D) As used in this section, "medical claim," "dental claim,"	222
"optometric claim," and "chiropractic claim" have the same	223
meanings as in section 2305.113 of the Revised Code.	224

Sec. 2305.11.  (A) An action for libel, slander, malicious	225
prosecution, or false imprisonment, an action for malpractice	226
other than an action upon a medical, dental, optometric, or	227
chiropractic claim, or an action upon a statute for a penalty or	228
forfeiture shall be commenced within one year after the cause of	229
action accrued, provided that an action by an employee for the	230
payment of unpaid minimum wages, unpaid overtime compensation, or	231
liquidated damages by reason of the nonpayment of minimum wages or	232
overtime compensation shall be commenced within two years after	233
the cause of action accrued.	234

(B)(1) Subject to division (B)(2) of this section, an action	235
upon a medical, dental, optometric, or chiropractic claim shall be	236
commenced within one year after the cause of action accrued,	237
except that, if prior to the expiration of that one-year period, a	238
claimant who allegedly possesses a medical, dental, optometric, or	239
chiropractic claim gives to the person who is the subject of that	240
claim written notice that the claimant is considering bringing an	241
action upon that claim, that action may be commenced against the	242
person notified at any time within one hundred eighty days after	243
the notice is so given.	244

(2) Except as to persons within the age of minority or of	245
unsound mind, as provided by section 2305.16 of the Revised Code:	246

(a) In no event shall any action upon a medical, dental,	247
optometric, or chiropractic claim be commenced more than four	248
years after the occurrence of the act or omission constituting the	249
alleged basis of the medical, dental, optometric, or chiropractic	250
claim.	251

(b) If an action upon a medical, dental, optometric, or	252
chiropractic claim is not commenced within four years after the	253
occurrence of the act or omission constituting the alleged basis	254
of the medical, dental, optometric, or chiropractic claim, then,	255
notwithstanding the time when the action is determined to accrue	256
under division (B)(1) of this section, any action upon that claim	257
is barred.	258

(C) A civil action for unlawful abortion pursuant to section	259
2919.12 of the Revised Code, a civil action authorized by division	260
(H) of section 2317.56 of the Revised Code, a civil action	261
pursuant to division (B)(1) or (2) of section 2307.51 of the	262
Revised Code for performing a dilation and extraction procedure or	263
attempting to perform a dilation and extraction procedure in	264
violation of section 2919.15 of the Revised Code, and a civil	265
action pursuant to division (B)(1) or (2) of section 2307.52 of	266
the Revised Code for terminating or attempting to terminate a	267
human pregnancy after viability in violation of division (A) or	268
(B) of section 2919.17 of the Revised Code shall be commenced	269
within one year after the performance or inducement of the	270
abortion, within one year after the attempt to perform or induce	271
the abortion in violation of division (A) or (B) of section	272
2919.17 of the Revised Code, within one year after the performance	273
of the dilation and extraction procedure, or, in the case of a	274
civil action pursuant to division (B)(2) of section 2307.51 of the	275
Revised Code, within one year after the attempt to perform the	276
dilation and extraction procedure.	277

(D)(C) As used in this section:

278

(1) "Hospital" includes any person, corporation, association,	279
board, or authority that is responsible for the operation of any	280
hospital licensed or registered in the state, including, but not	281
limited to, those that are owned or operated by the state,	282
political subdivisions, any person, any corporation, or any	283
combination thereof. "Hospital" also includes any person,	284
corporation, association, board, entity, or authority that is	285
responsible for the operation of any clinic that employs a	286
full-time staff of physicians practicing in more than one	287
recognized medical specialty and rendering advice, diagnosis,	288
care, and treatment to individuals. "Hospital" does not include	289
any hospital operated by the government of the United States or	290
any of its branches.	291

(2) "Physician" means a person who is licensed to practice	292
medicine and surgery or osteopathic medicine and surgery by the	293
state medical board or a person who otherwise is authorized to	294
practice medicine and surgery or osteopathic medicine and surgery	295
in this state.	296

(3) "Medical claim" means any claim that is asserted in any	297
civil action against a physician, podiatrist, hospital, home, or	298
residential facility, against any employee or agent of a	299
physician, podiatrist, hospital, home, or residential facility,	300
or against a registered nurse or physical therapist, and that	301
arises out of the medical diagnosis, care, or treatment of any	302
person. "Medical claim" includes the following:	303

(a) Derivative claims for relief that arise from the medical	304
diagnosis, care, or treatment of a person;	305

(b) Claims that arise out of the medical diagnosis, care, or	306
treatment of any person and to which either of the following	307
apply:	308

(i) The claim results from acts or omissions in providing	309
medical care.	310

(ii) The claim results from the hiring, training,	311
supervision, retention, or termination of caregivers providing	312
medical diagnosis, care, or treatment.	313

(c) Claims that arise out of the medical diagnosis, care, or	314
treatment of any person and that are brought under section 3721.17	315
of the Revised Code.	316

(4) "Podiatrist" means any person who is licensed to practice	317
podiatric medicine and surgery by the state medical board.	318

(5) "Dentist" means any person who is licensed to practice	319
dentistry by the state dental board.	320

(6) "Dental claim" means any claim that is asserted in any	321
civil action against a dentist, or against any employee or agent	322
of a dentist, and that arises out of a dental operation or the	323
dental diagnosis, care, or treatment of any person. "Dental claim"	324
includes derivative claims for relief that arise from a dental	325
operation or the dental diagnosis, care, or treatment of a person.	326

(7) "Derivative claims for relief" include, but are not	327
limited to, claims of a parent, guardian, custodian, or spouse of	328
an individual who was the subject of any medical diagnosis, care,	329
or treatment, dental diagnosis, care, or treatment, dental	330
operation, optometric diagnosis, care, or treatment, or	331
chiropractic diagnosis, care, or treatment, that arise from that	332
diagnosis, care, treatment, or operation, and that seek the	333
recovery of damages for any of the following:	334

(a) Loss of society, consortium, companionship, care,	335
assistance, attention, protection, advice, guidance, counsel,	336
instruction, training, or education, or any other intangible loss	337
that was sustained by the parent, guardian, custodian, or spouse;	338

(b) Expenditures of the parent, guardian, custodian, or	339
spouse for medical, dental, optometric, or chiropractic care or	340
treatment, for rehabilitation services, or for other care,	341
treatment, services, products, or accommodations provided to the	342
individual who was the subject of the medical diagnosis, care, or	343
treatment, the dental diagnosis, care, or treatment, the dental	344
operation, the optometric diagnosis, care, or treatment, or the	345
chiropractic diagnosis, care, or treatment.	346

(8) "Registered nurse" means any person who is licensed to	347
practice nursing as a registered nurse by the state board of	348
nursing.	349

(9) "Chiropractic claim" means any claim that is asserted in	350
any civil action against a chiropractor, or against any employee	351
or agent of a chiropractor, and that arises out of the	352
chiropractic diagnosis, care, or treatment of any person.	353
"Chiropractic claim" includes derivative claims for relief that	354
arise from the chiropractic diagnosis, care, or treatment of a	355
person.	356

(10) "Chiropractor" means any person who is licensed to	357
practice chiropractic by the chiropractic examining board.	358

(11) "Optometric claim" means any claim that is asserted in	359
any civil action against an optometrist, or against any employee	360
or agent of an optometrist, and that arises out of the optometric	361
diagnosis, care, or treatment of any person. "Optometric claim"	362
includes derivative claims for relief that arise from the	363
optometric diagnosis, care, or treatment of a person.	364

(12) "Optometrist" means any person licensed to practice	365
optometry by the state board of optometry.	366

(13) "Physical therapist" means any person who is licensed to	367
practice physical therapy under Chapter 4755. of the Revised Code.	368

(14) "Home" has the same meaning as in section 3721.10 of	369
the Revised Code.	370

(15) "Residential facility" means a facility licensed under	371
section 5123.19 of the Revised Code, "medical claim," "dental	372
claim," "optometric claim," and "chiropractic claim" have the same	373
meanings as in section 2305.113 of the Revised Code.	374

Sec. 2305.113. (A) Except as otherwise provided in this	375
section, an action upon a medical, dental, optometric, or	376
chiropractic claim shall be commenced within one year after the	377
cause of action accrued.	378

(B)(1) If prior to the expiration of the one-year period	379
specified in division (A) of this section, a claimant who	380
allegedly possesses a medical, dental, optometric, or chiropractic	381
claim gives to the person who is the subject of that claim written	382
notice that the claimant is considering bringing an action upon	383
that claim, that action may be commenced against the person	384
notified at any time within one hundred eighty days after the	385
notice is so given.	386

(2) An insurance company shall not consider the existence or	387
nonexistence of a written notice described in division (B)(1) of	388
this section in setting the liability insurance premium rates that	389
the company may charge the company's insured person who is	390
notified by that written notice.	391

(C) Except as to persons within the age of minority or of	392
unsound mind as provided by section 2305.16 of the Revised Code,	393
and except as provided in division (D) of this section, both of	394
the following apply:	395

(1) No action upon a medical, dental, optometric, or	396
chiropractic claim shall be commenced more than four years after	397
the occurrence of the act or omission constituting the alleged	398
basis of the medical, dental, optometric, or chiropractic claim.	399

(2) If an action upon a medical, dental, optometric, or	400
chiropractic claim is not commenced within four years after the	401
occurrence of the act or omission constituting the alleged basis	402
of the medical, dental, optometric, or chiropractic claim, then,	403
any action upon that claim is barred.	404

(D)(1) If a person making a medical claim, dental claim,	405
optometric claim, or chiropractic claim, in the exercise of	406
reasonable care and diligence, could not have discovered the	407
injury resulting from the act or omission constituting the alleged	408
basis of the claim within three years after the occurrence of the	409
act or omission, but, in the exercise of reasonable care and	410
diligence, discovers the injury resulting from that act or	411
omission before the expiration of the four-year period specified	412
in division (C)(1) of this section, the person may commence an	413
action upon the claim not later than one year after the person	414
discovers the injury resulting from that act or omission.	415

(2) If the alleged basis of a medical claim, dental claim,	416
optometric claim, or chiropractic claim is the occurrence of an	417
act or omission that involves a foreign object that is left in the	418
body of the person making the claim, the person may commence an	419
action upon the claim not later than one year after the person	420
discovered the foreign object or not later than one year after the	421
person, with reasonable care and diligence, should have discovered	422
the foreign object.	423

(3) A person who commences an action upon a medical claim,	424
dental claim, optometric claim, or chiropractic claim under the	425
circumstances described in division (D)(1) or (2) of this section	426
has the affirmative burden of proving, by clear and convincing	427
evidence, that the person, with reasonable care and diligence,	428
could not have discovered the injury resulting from the act or	429
omission constituting the alleged basis of the claim within the	430
three-year period described in division (D)(1) of this section or	431
within the one-year period described in division (D)(2) of this	432
section, whichever is applicable.	433

(E) As used in this section:

434

(1) "Hospital" includes any person, corporation,	435
association, board, or authority that is responsible for the	436
operation of any hospital licensed or registered in the state,	437
including, but not limited to, those that are owned or operated by	438
the state, political subdivisions, any person, any corporation, or	439
any combination of the state, political subdivisions, persons, and	440
corporations. "Hospital" also includes any person, corporation,	441
association, board, entity, or authority that is responsible for	442
the operation of any clinic that employs a full-time staff of	443
physicians practicing in more than one recognized medical	444
specialty and rendering advice, diagnosis, care, and treatment to	445
individuals. "Hospital" does not include any hospital operated by	446
the government of the United States or any of its branches.	447

(2) "Physician" means a person who is licensed to practice	448
medicine and surgery or osteopathic medicine and surgery by the	449
state medical board or a person who otherwise is authorized to	450
practice medicine and surgery or osteopathic medicine and surgery	451
in this state.	452

(3) "Medical claim" means any claim that is asserted in any	453
civil action against a physician, podiatrist, hospital, home, or	454
residential facility, against any employee or agent of a	455
physician, podiatrist, hospital, home, or residential facility, or	456
against a licensed practical nurse, registered nurse, advanced	457
practice nurse, physical therapist, physician assistant, emergency	458
medical technician-basic, emergency medical	459
technician-intermediate, or emergency medical	460
technician-paramedic, and that arises out of the medical	461
diagnosis, care, or treatment of any person. "Medical claim"	462
includes the following:	463

(a) Derivative claims for relief that arise from the medical	464
diagnosis, care, or treatment of a person;	465

(b) Claims that arise out of the medical diagnosis, care, or	466
treatment of any person and to which either of the following	467
applies:	468

(i) The claim results from acts or omissions in providing	469
medical care.	470

(ii) The claim results from the hiring, training,	471
supervision, retention, or termination of caregivers providing	472
medical diagnosis, care, or treatment.	473

(c) Claims that arise out of the medical diagnosis, care,	474
or treatment of any person and that are brought under section	475
3721.17 of the Revised Code.	476

(4) "Podiatrist" means any person who is licensed to practice	477
podiatric medicine and surgery by the state medical board.	478

(5) "Dentist" means any person who is licensed to practice	479
dentistry by the state dental board.	480

(6) "Dental claim" means any claim that is asserted in any	481
civil action against a dentist, or against any employee or agent	482
of a dentist, and that arises out of a dental operation or the	483
dental diagnosis, care, or treatment of any person. "Dental claim"	484
includes derivative claims for relief that arise from a dental	485
operation or the dental diagnosis, care, or treatment of a person.	486

(7) "Derivative claims for relief" include, but are not	487
limited to, claims of a parent, guardian, custodian, or spouse of	488
an individual who was the subject of any medical diagnosis, care,	489
or treatment, dental diagnosis, care, or treatment, dental	490
operation, optometric diagnosis, care, or treatment, or	491
chiropractic diagnosis, care, or treatment, that arise from that	492
diagnosis, care, treatment, or operation, and that seek the	493
recovery of damages for any of the following:	494

(a) Loss of society, consortium, companionship, care,	495
assistance, attention, protection, advice, guidance, counsel,	496
instruction, training, or education, or any other intangible loss	497
that was sustained by the parent, guardian, custodian, or spouse;	498

(b) Expenditures of the parent, guardian, custodian, or	499
spouse for medical, dental, optometric, or chiropractic care or	500
treatment, for rehabilitation services, or for other care,	501
treatment, services, products, or accommodations provided to the	502
individual who was the subject of the medical diagnosis, care, or	503
treatment, the dental diagnosis, care, or treatment, the dental	504
operation, the optometric diagnosis, care, or treatment, or the	505
chiropractic diagnosis, care, or treatment.	506

(8) "Registered nurse" means any person who is licensed to	507
practice nursing as a registered nurse by the state board of	508
nursing.	509

(9) "Chiropractic claim" means any claim that is asserted in	510
any civil action against a chiropractor, or against any employee	511
or agent of a chiropractor, and that arises out of the	512
chiropractic diagnosis, care, or treatment of any person.	513
"Chiropractic claim" includes derivative claims for relief that	514
arise from the chiropractic diagnosis, care, or treatment of a	515
person.	516

(10) "Chiropractor" means any person who is licensed to	517
practice chiropractic by the chiropractic examining board.	518

(11) "Optometric claim" means any claim that is asserted in	519
any civil action against an optometrist, or against any employee	520
or agent of an optometrist, and that arises out of the optometric	521
diagnosis, care, or treatment of any person. "Optometric claim"	522
includes derivative claims for relief that arise from the	523
optometric diagnosis, care, or treatment of a person.	524

(12) "Optometrist" means any person licensed to practice	525
optometry by the state board of optometry.	526

(13) "Physical therapist" means any person who is licensed to	527
practice physical therapy under Chapter 4755. of the Revised Code.	528

(14) "Home" has the same meaning as in section 3721.10 of	529
the Revised Code.	530

(15) "Residential facility" means a facility licensed under	531
section 5123.19 of the Revised Code.	532

(16) "Advanced practice nurse" means any certified nurse	533
practitioner, clinical nurse specialist, or certified registered	534
nurse anesthetist, or a certified nurse-midwife certified by the	535
board of nursing under section 4723.41 of the Revised Code.	536

(17) "Licensed practical nurse" means any person who is	537
licensed to practice nursing as a licensed practical nurse by the	538
state board of nursing pursuant to Chapter 4723. of the Revised	539
Code.	540

(18) "Physician assistant" means any person who holds a	541
valid certificate of registration or temporary certificate of	542
registration issued pursuant to Chapter 4730. of the Revised Code.	543

(19) "Emergency medical technician-basic," "emergency	544
medical technician-intermediate," and "emergency medical	545
technician-paramedic" means any person who is certified under	546
Chapter 4765. of the Revised Code as an emergency medical	547
technician-basic, emergency medical technician-intermediate, or	548
emergency medical technician-paramedic, whichever is applicable.	549

Sec. 2305.15.  (A) When a cause of action accrues against a	550
person, if hethe person is out of the state, has absconded, or	551
conceals himselfself, the period of limitation for the	552
commencement of the action as provided in sections 2305.04 to	553
2305.14, 1302.98, and 1304.35 of the Revised Code does not begin	554
to run until hethe person comes into the state or while hethe	555
person is so absconded or concealed. After the cause of action	556
accrues if hethe person departs from the state, absconds, or	557
conceals himselfself, the time of histhe person's absence or	558
concealment shall not be computed as any part of a period within	559
which the action must be brought.	560

(B) When a person is imprisoned for the commission of any	561
offense, the time of histhe person's imprisonment shall not be	562
computed as any part of any period of limitation, as provided in	563
section 2305.09, 2305.10, 2305.11, 2305.113, or 2305.14 of the	564
Revised Code, within which any person must bring any action	565
against the imprisoned person.	566

Sec. 2305.234.  (A) As used in this section:

567

(1) "Chiropractic claim," "medical claim," and "optometric	568
claim" have the same meanings as in section 2305.112305.113 of	569
the Revised Code.	570

(2) "Dental claim" has the same meaning as in section 2305.11	571
2305.113 of the Revised Code, except that it does not include any	572
claim arising out of a dental operation or any derivative claim	573
for relief that arises out of a dental operation.	574

(3) "Governmental health care program" has the same meaning	575
as in section 4731.65 of the Revised Code.	576

(4) "Health care professional" means any of the following who	577
provide medical, dental, or other health-related diagnosis, care,	578
or treatment:	579

(a) Physicians authorized under Chapter 4731. of the Revised	580
Code to practice medicine and surgery or osteopathic medicine and	581
surgery;	582

(b) Registered nurses, advanced practice nurses, and	583
licensed practical nurses licensed under Chapter 4723. of the	584
Revised Code;	585

(c) Physician assistants authorized to practice under	586
Chapter 4730. of the Revised Code;	587

(d) Dentists and dental hygienists licensed under Chapter	588
4715. of the Revised Code;	589

(e) Physical therapists licensed under Chapter 4755. of the	590
Revised Code;	591

(f) Chiropractors licensed under Chapter 4734. of the	592
Revised Code;	593

(g) Optometrists licensed under Chapter 4725. of the Revised	594
Code;	595

(h) Podiatrists authorized under Chapter 4731. of the	596
Revised Code to practice podiatry;	597

(i) Dietitians licensed under Chapter 4759. of the Revised	598
Code;	599

(j) Pharmacists licensed under Chapter 4729. of the Revised	600
Code;	601

(k) Emergency medical technicians-basic, emergency medical	602
technicians-intermediate, and emergency medical	603
technicians-paramedic, certified under Chapter 4765. of the	604
Revised Code.	605

(5) "Health care worker" means a person other than a health	606
care professional who provides medical, dental, or other	607
health-related care or treatment under the direction of a health	608
care professional with the authority to direct that individual's	609
activities, including medical technicians, medical assistants,	610
dental assistants, orderlies, aides, and individuals acting in	611
similar capacities.	612

(6) "Indigent and uninsured person" means a person who meets	613
all of the following requirements:	614

(a) The person's income is not greater than one hundred	615
fifty per cent of the current poverty line as defined by the	616
United States office of management and budget and revised in	617
accordance with section 673(2) of the "Omnibus Budget	618
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	619
amended.	620

(b) The person is not eligible to receive medical assistance	621
under Chapter 5111., disability assistance medical assistance	622
under Chapter 5115. of the Revised Code, or assistance under any	623
other governmental health care program.	624

(c) Either of the following applies:

625

(i) The person is not a policyholder, certificate holder,	626
insured, contract holder, subscriber, enrollee, member,	627
beneficiary, or other covered individual under a health insurance	628
or health care policy, contract, or plan.	629

(ii) The person is a policyholder, certificate holder,	630
insured, contract holder, subscriber, enrollee, member,	631
beneficiary, or other covered individual under a health insurance	632
or health care policy, contract, or plan, but the insurer, policy,	633
contract, or plan denies coverage or is the subject of insolvency	634
or bankruptcy proceedings in any jurisdiction.	635

(7) "Operation" means any procedure that involves cutting or	636
otherwise infiltrating human tissue by mechanical means, including	637
surgery, laser surgery, ionizing radiation, therapeutic	638
ultrasound, or the removal of intraocular foreign bodies.	639
"Operation" does not include the administration of medication by	640
injection, unless the injection is administered in conjunction	641
with a procedure infiltrating human tissue by mechanical means	642
other than the administration of medicine by injection.	643

(8) "Nonprofit shelter or health care facility" means a	644
charitable nonprofit corporation organized and operated pursuant	645
to Chapter 1702. of the Revised Code, or any charitable	646
organization not organized and not operated for profit, that	647
provides shelter, health care services, or shelter and health care	648
services to indigent and uninsured persons, except that "shelter	649
or health care facility" does not include a hospital as defined in	650
section 3727.01 of the Revised Code, a facility licensed under	651
Chapter 3721. of the Revised Code, or a medical facility that is	652
operated for profit.	653

(9) "Tort action" means a civil action for damages for	654
injury, death, or loss to person or property other than a civil	655
action for damages for a breach of contract or another agreement	656
between persons or government entities.	657

(10) "Volunteer" means an individual who provides any	658
medical, dental, or other health-care related diagnosis, care, or	659
treatment without the expectation of receiving and without receipt	660
of any compensation or other form of remuneration from an indigent	661
and uninsured person, another person on behalf of an indigent and	662
uninsured person, any shelter or health care facility, or any	663
other person or government entity.	664

(B)(1) Subject to divisions (E) and (F)(3) of this section,	665
a health care professional who is a volunteer and complies with	666
division (B)(2) of this section is not liable in damages to any	667
person or government entity in a tort or other civil action,	668
including an action on a medical, dental, chiropractic,	669
optometric, or other health-related claim, for injury, death, or	670
loss to person or property that allegedly arises from an action or	671
omission of the volunteer in the provision at a nonprofit shelter	672
or health care facility to an indigent and uninsured person of	673
medical, dental, or other health-related diagnosis, care, or	674
treatment, including the provision of samples of medicine and	675
other medical products, unless the action or omission constitutes	676
willful or wanton misconduct.	677

(2) To qualify for the immunity described in division (B)(1)	678
of this section, a health care professional shall do all of the	679
following prior to providing diagnosis, care, or treatment:	680

(a) Determine, in good faith, that the indigent and	681
uninsured person is mentally capable of giving informed consent to	682
the provision of the diagnosis, care, or treatment and is not	683
subject to duress or under undue influence;	684

(b) Inform the person of the provisions of this section;

685

(c) Obtain the informed consent of the person and a written	686
waiver, signed by the person or by another individual on behalf of	687
and in the presence of the person, that states that the person is	688
mentally competent to give informed consent and, without being	689
subject to duress or under undue influence, gives informed consent	690
to the provision of the diagnosis, care, or treatment subject to	691
the provisions of this section.	692

(3) A physician or podiatrist who is not covered by medical	693
malpractice insurance, but complies with division (B)(2) of this	694
section, is not required to comply with division (A) of section	695
4731.143 of the Revised Code.	696

(C) Subject to divisions (E) and (F)(3) of this section,	697
health care workers who are volunteers are not liable in damages	698
to any person or government entity in a tort or other civil	699
action, including an action upon a medical, dental, chiropractic,	700
optometric, or other health-related claim, for injury, death, or	701
loss to person or property that allegedly arises from an action or	702
omission of the health care worker in the provision at a nonprofit	703
shelter or health care facility to an indigent and uninsured	704
person of medical, dental, or other health-related diagnosis,	705
care, or treatment, unless the action or omission constitutes	706
willful or wanton misconduct.	707

(D) Subject to divisions (E) and (F)(3) of this section and	708
section 3701.071 of the Revised Code, a nonprofit shelter or	709
health care facility associated with a health care professional	710
described in division (B)(1) of this section or a health care	711
worker described in division (C) of this section is not liable in	712
damages to any person or government entity in a tort or other	713
civil action, including an action on a medical, dental,	714
chiropractic, optometric, or other health-related claim, for	715
injury, death, or loss to person or property that allegedly arises	716
from an action or omission of the health care professional or	717
worker in providing for the shelter or facility medical, dental,	718
or other health-related diagnosis, care, or treatment to an	719
indigent and uninsured person, unless the action or omission	720
constitutes willful or wanton misconduct.	721

(E)(1) Except as provided in division (E)(2) of this	722
section, the immunities provided by divisions (B), (C), and (D) of	723
this section are not available to an individual or to a nonprofit	724
shelter or health care facility if, at the time of an alleged	725
injury, death, or loss to person or property, the individuals	726
involved are providing one of the following:	727

(a) Any medical, dental, or other health-related diagnosis,	728
care, or treatment pursuant to a community service work order	729
entered by a court under division (F) of section 2951.02 of the	730
Revised Code as a condition of probation or other suspension of a	731
term of imprisonment or imposed by a court as a community control	732
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	733
Code.	734

(b) Performance of an operation.

735

(c) Delivery of a baby.

736

(2) Division (E)(1) of this section does not apply to an	737
individual who provides, or a nonprofit shelter or health care	738
facility at which the individual provides, diagnosis, care, or	739
treatment that is necessary to preserve the life of a person in a	740
medical emergency.	741

(F)(1) This section does not create a new cause of action or	742
substantive legal right against a health care professional, health	743
care worker, or nonprofit shelter or health care facility.	744

(2) This section does not affect any immunities from civil	745
liability or defenses established by another section of the	746
Revised Code or available at common law to which an individual or	747
a nonprofit shelter or health care facility may be entitled in	748
connection with the provision of emergency or other diagnosis,	749
care, or treatment.	750

(3) This section does not grant an immunity from tort or	751
other civil liability to an individual or a nonprofit shelter or	752
health care facility for actions that are outside the scope of	753
authority of health care professionals or health care workers.	754

(4) This section does not affect any legal responsibility of	755
a health care professional or health care worker to comply with	756
any applicable law of this state or rule of an agency of this	757
state.	758

(5) This section does not affect any legal responsibility of	759
a nonprofit shelter or health care facility to comply with any	760
applicable law of this state, rule of an agency of this state, or	761
local code, ordinance, or regulation that pertains to or regulates	762
building, housing, air pollution, water pollution, sanitation,	763
health, fire, zoning, or safety.	764

Sec. 2317.02.  The following persons shall not testify in	765
certain respects:	766

(A) An attorney, concerning a communication made to the	767
attorney by a client in that relation or the attorney's advice to	768
a client, except that the attorney may testify by express consent	769
of the client or, if the client is deceased, by the express	770
consent of the surviving spouse or the executor or administrator	771
of the estate of the deceased client and except that, if the	772
client voluntarily testifies or is deemed by section 2151.421 of	773
the Revised Code to have waived any testimonial privilege under	774
this division, the attorney may be compelled to testify on the	775
same subject;	776

(B)(1) A physician or a dentist concerning a communication	777
made to the physician or dentist by a patient in that relation or	778
the physician's or dentist's advice to a patient, except as	779
otherwise provided in this division, division (B)(2), and division	780
(B)(3) of this section, and except that, if the patient is deemed	781
by section 2151.421 of the Revised Code to have waived any	782
testimonial privilege under this division, the physician may be	783
compelled to testify on the same subject.	784

The testimonial privilege established under this division	785
does not apply, and a physician or dentist may testify or may be	786
compelled to testify, in any of the following circumstances:	787

(a) In any civil action, in accordance with the discovery	788
provisions of the Rules of Civil Procedure in connection with a	789
civil action, or in connection with a claim under Chapter 4123. of	790
the Revised Code, under any of the following circumstances:	791

(i) If the patient or the guardian or other legal	792
representative of the patient gives express consent;	793

(ii) If the patient is deceased, the spouse of the patient	794
or the executor or administrator of the patient's estate gives	795
express consent;	796

(iii) If a medical claim, dental claim, chiropractic claim,	797
or optometric claim, as defined in section 2305.112305.113 of the	798
Revised Code, an action for wrongful death, any other type of	799
civil action, or a claim under Chapter 4123. of the Revised Code	800
is filed by the patient, the personal representative of the estate	801
of the patient if deceased, or the patient's guardian or other	802
legal representative.	803

(b) In any civil action concerning court-ordered treatment	804
or services received by a patient, if the court-ordered treatment	805
or services were ordered as part of a case plan journalized under	806
section 2151.412 of the Revised Code or the court-ordered	807
treatment or services are necessary or relevant to dependency,	808
neglect, or abuse or temporary or permanent custody proceedings	809
under Chapter 2151. of the Revised Code.	810

(c) In any criminal action concerning any test or the	811
results of any test that determines the presence or concentration	812
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	813
patient's blood, breath, urine, or other bodily substance at any	814
time relevant to the criminal offense in question.	815

(d) In any criminal action against a physician or dentist.	816
In such an action, the testimonial privilege established under	817
this division does not prohibit the admission into evidence, in	818
accordance with the Rules of Evidence, of a patient's medical or	819
dental records or other communications between a patient and the	820
physician or dentist that are related to the action and obtained	821
by subpoena, search warrant, or other lawful means. A court that	822
permits or compels a physician or dentist to testify in such an	823
action or permits the introduction into evidence of patient	824
records or other communications in such an action shall require	825
that appropriate measures be taken to ensure that the	826
confidentiality of any patient named or otherwise identified in	827
the records is maintained. Measures to ensure confidentiality	828
that may be taken by the court include sealing its records or	829
deleting specific information from its records.	830

(2)(a) If any law enforcement officer submits a written	831
statement to a health care provider that states that an official	832
criminal investigation has begun regarding a specified person or	833
that a criminal action or proceeding has been commenced against a	834
specified person, that requests the provider to supply to the	835
officer copies of any records the provider possesses that pertain	836
to any test or the results of any test administered to the	837
specified person to determine the presence or concentration of	838
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	839
person's blood, breath, or urine at any time relevant to the	840
criminal offense in question, and that conforms to section	841
2317.022 of the Revised Code, the provider, except to the extent	842
specifically prohibited by any law of this state or of the United	843
States, shall supply to the officer a copy of any of the requested	844
records the provider possesses. If the health care provider does	845
not possess any of the requested records, the provider shall give	846
the officer a written statement that indicates that the provider	847
does not possess any of the requested records.	848

(b) If a health care provider possesses any records of the	849
type described in division (B)(2)(a) of this section regarding the	850
person in question at any time relevant to the criminal offense in	851
question, in lieu of personally testifying as to the results of	852
the test in question, the custodian of the records may submit a	853
certified copy of the records, and, upon its submission, the	854
certified copy is qualified as authentic evidence and may be	855
admitted as evidence in accordance with the Rules of Evidence.	856
Division (A) of section 2317.422 of the Revised Code does not	857
apply to any certified copy of records submitted in accordance	858
with this division. Nothing in this division shall be construed	859
to limit the right of any party to call as a witness the person	860
who administered the test to which the records pertain, the person	861
under whose supervision the test was administered, the custodian	862
of the records, the person who made the records, or the person	863
under whose supervision the records were made.	864

(3)(a) If the testimonial privilege described in division	865
(B)(1) of this section does not apply as provided in division	866
(B)(1)(a)(iii) of this section, a physician or dentist may be	867
compelled to testify or to submit to discovery under the Rules of	868
Civil Procedure only as to a communication made to the physician	869
or dentist by the patient in question in that relation, or the	870
physician's or dentist's advice to the patient in question, that	871
related causally or historically to physical or mental injuries	872
that are relevant to issues in the medical claim, dental claim,	873
chiropractic claim, or optometric claim, action for wrongful	874
death, other civil action, or claim under Chapter 4123. of the	875
Revised Code.	876

(b) If the testimonial privilege described in division	877
(B)(1) of this section does not apply to a physician or dentist as	878
provided in division (B)(1)(c) of this section, the physician or	879
dentist, in lieu of personally testifying as to the results of the	880
test in question, may submit a certified copy of those results,	881
and, upon its submission, the certified copy is qualified as	882
authentic evidence and may be admitted as evidence in accordance	883
with the Rules of Evidence. Division (A) of section 2317.422 of	884
the Revised Code does not apply to any certified copy of results	885
submitted in accordance with this division. Nothing in this	886
division shall be construed to limit the right of any party to	887
call as a witness the person who administered the test in	888
question, the person under whose supervision the test was	889
administered, the custodian of the results of the test, the person	890
who compiled the results, or the person under whose supervision	891
the results were compiled.	892

(4) The testimonial privilege described in division (B)(1)	893
of this section is not waived when a communication is made by a	894
physician to a pharmacist or when there is communication between a	895
patient and a pharmacist in furtherance of the physician-patient	896
relation.	897

(5)(a) As used in divisions (B)(1) to (4) of this section,	898
"communication" means acquiring, recording, or transmitting any	899
information, in any manner, concerning any facts, opinions, or	900
statements necessary to enable a physician or dentist to diagnose,	901
treat, prescribe, or act for a patient. A "communication" may	902
include, but is not limited to, any medical or dental, office, or	903
hospital communication such as a record, chart, letter,	904
memorandum, laboratory test and results, x-ray, photograph,	905
financial statement, diagnosis, or prognosis.	906

(b) As used in division (B)(2) of this section, "health care	907
provider" means a hospital, ambulatory care facility, long-term	908
care facility, pharmacy, emergency facility, or health care	909
practitioner.	910

(c) As used in division (B)(5)(b) of this section:

911

(i) "Ambulatory care facility" means a facility that provides	912
medical, diagnostic, or surgical treatment to patients who do not	913
require hospitalization, including a dialysis center, ambulatory	914
surgical facility, cardiac catheterization facility, diagnostic	915
imaging center, extracorporeal shock wave lithotripsy center, home	916
health agency, inpatient hospice, birthing center, radiation	917
therapy center, emergency facility, and an urgent care center.	918
"Ambulatory health care facility" does not include the private	919
office of a physician or dentist, whether the office is for an	920
individual or group practice.	921

(ii) "Emergency facility" means a hospital emergency	922
department or any other facility that provides emergency medical	923
services.	924

(iii) "Health care practitioner" has the same meaning as in	925
section 4769.01 of the Revised Code.	926

(iv) "Hospital" has the same meaning as in section 3727.01 of	927
the Revised Code.	928

(v) "Long-term care facility" means a nursing home,	929
residential care facility, or home for the aging, as those terms	930
are defined in section 3721.01 of the Revised Code; an adult care	931
facility, as defined in section 3722.01 of the Revised Code; a	932
nursing facility or intermediate care facility for the mentally	933
retarded, as those terms are defined in section 5111.20 of the	934
Revised Code; a facility or portion of a facility certified as a	935
skilled nursing facility under Title XVIII of the "Social Security	936
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	937

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	938
the Revised Code.	939

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	940
apply to doctors of medicine, doctors of osteopathic medicine,	941
doctors of podiatry, and dentists.	942

(7) Nothing in divisions (B)(1) to (6) of this section	943
affects, or shall be construed as affecting, the immunity from	944
civil liability conferred by section 307.628 or 2305.33 of the	945
Revised Code upon physicians who report an employee's use of a	946
drug of abuse, or a condition of an employee other than one	947
involving the use of a drug of abuse, to the employer of the	948
employee in accordance with division (B) of that section. As used	949
in division (B)(7) of this section, "employee," "employer," and	950
"physician" have the same meanings as in section 2305.33 of the	951
Revised Code.	952

(C) A member of the clergy, rabbi, priest, or regularly	953
ordained, accredited, or licensed minister of an established and	954
legally cognizable church, denomination, or sect, when the member	955
of the clergy, rabbi, priest, or minister remains accountable to	956
the authority of that church, denomination, or sect, concerning a	957
confession made, or any information confidentially communicated,	958
to the member of the clergy, rabbi, priest, or minister for a	959
religious counseling purpose in the member of the clergy's,	960
rabbi's, priest's, or minister's professional character; however,	961
the member of the clergy, rabbi, priest, or minister may testify	962
by express consent of the person making the communication, except	963
when the disclosure of the information is in violation of a sacred	964
trust;	965

(D) Husband or wife, concerning any communication made by	966
one to the other, or an act done by either in the presence of the	967
other, during coverture, unless the communication was made, or act	968
done, in the known presence or hearing of a third person competent	969
to be a witness; and such rule is the same if the marital relation	970
has ceased to exist;	971

(E) A person who assigns a claim or interest, concerning any	972
matter in respect to which the person would not, if a party, be	973
permitted to testify;	974

(F) A person who, if a party, would be restricted under	975
section 2317.03 of the Revised Code, when the property or thing is	976
sold or transferred by an executor, administrator, guardian,	977
trustee, heir, devisee, or legatee, shall be restricted in the	978
same manner in any action or proceeding concerning the property or	979
thing.	980

(G)(1) A school guidance counselor who holds a valid	981
educator license from the state board of education as provided for	982
in section 3319.22 of the Revised Code, a person licensed under	983
Chapter 4757. of the Revised Code as a professional clinical	984
counselor, professional counselor, social worker, or independent	985
social worker, or registered under Chapter 4757. of the Revised	986
Code as a social work assistant concerning a confidential	987
communication received from a client in that relation or the	988
person's advice to a client unless any of the following applies:	989

(a) The communication or advice indicates clear and present	990
danger to the client or other persons. For the purposes of this	991
division, cases in which there are indications of present or past	992
child abuse or neglect of the client constitute a clear and	993
present danger.	994

(b) The client gives express consent to the testimony.

995

(c) If the client is deceased, the surviving spouse or the	996
executor or administrator of the estate of the deceased client	997
gives express consent.	998

(d) The client voluntarily testifies, in which case the	999
school guidance counselor or person licensed or registered under	1000
Chapter 4757. of the Revised Code may be compelled to testify on	1001
the same subject.	1002

(e) The court in camera determines that the information	1003
communicated by the client is not germane to the counselor-client	1004
or social worker-client relationship.	1005

(f) A court, in an action brought against a school, its	1006
administration, or any of its personnel by the client, rules after	1007
an in-camera inspection that the testimony of the school guidance	1008
counselor is relevant to that action.	1009

(g) The testimony is sought in a civil action and concerns	1010
court-ordered treatment or services received by a patient as part	1011
of a case plan journalized under section 2151.412 of the Revised	1012
Code or the court-ordered treatment or services are necessary or	1013
relevant to dependency, neglect, or abuse or temporary or	1014
permanent custody proceedings under Chapter 2151. of the Revised	1015
Code.	1016

(2) Nothing in division (G)(1) of this section shall relieve	1017
a school guidance counselor or a person licensed or registered	1018
under Chapter 4757. of the Revised Code from the requirement to	1019
report information concerning child abuse or neglect under section	1020
2151.421 of the Revised Code.	1021

(H) A mediator acting under a mediation order issued under	1022
division (A) of section 3109.052 of the Revised Code or otherwise	1023
issued in any proceeding for divorce, dissolution, legal	1024
separation, annulment, or the allocation of parental rights and	1025
responsibilities for the care of children, in any action or	1026
proceeding, other than a criminal, delinquency, child abuse, child	1027
neglect, or dependent child action or proceeding, that is brought	1028
by or against either parent who takes part in mediation in	1029
accordance with the order and that pertains to the mediation	1030
process, to any information discussed or presented in the	1031
mediation process, to the allocation of parental rights and	1032
responsibilities for the care of the parents' children, or to the	1033
awarding of parenting time rights in relation to their children;	1034

(I) A communications assistant, acting within the scope of	1035
the communication assistant's authority, when providing	1036
telecommunications relay service pursuant to section 4931.35 of	1037
the Revised Code or Title II of the "Communications Act of 1934,"	1038
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1039
made through a telecommunications relay service. Nothing in this	1040
section shall limit the obligation of a communications assistant	1041
to divulge information or testify when mandated by federal law or	1042
regulation or pursuant to subpoena in a criminal proceeding.	1043

Nothing in this section shall limit any immunity or privilege	1044
granted under federal law or regulation.	1045

(J)(1) A chiropractor in a civil proceeding concerning a	1046
communication made to the chiropractor by a patient in that	1047
relation or the chiropractor's advice to a patient, except as	1048
otherwise provided in this division. The testimonial privilege	1049
established under this division does not apply, and a chiropractor	1050
may testify or may be compelled to testify, in any civil action,	1051
in accordance with the discovery provisions of the Rules of Civil	1052
Procedure in connection with a civil action, or in connection with	1053
a claim under Chapter 4123. of the Revised Code, under any of the	1054
following circumstances:	1055

(a) If the patient or the guardian or other legal	1056
representative of the patient gives express consent.	1057

(b) If the patient is deceased, the spouse of the patient or	1058
the executor or administrator of the patient's estate gives	1059
express consent.	1060

(c) If a medical claim, dental claim, chiropractic claim, or	1061
optometric claim, as defined in section 2305.112305.113 of the	1062
Revised Code, an action for wrongful death, any other type of	1063
civil action, or a claim under Chapter 4123. of the Revised Code	1064
is filed by the patient, the personal representative of the estate	1065
of the patient if deceased, or the patient's guardian or other	1066
legal representative.	1067

(2) If the testimonial privilege described in division	1068
(J)(1) of this section does not apply as provided in division	1069
(J)(1)(c) of this section, a chiropractor may be compelled to	1070
testify or to submit to discovery under the Rules of Civil	1071
Procedure only as to a communication made to the chiropractor by	1072
the patient in question in that relation, or the chiropractor's	1073
advice to the patient in question, that related causally or	1074
historically to physical or mental injuries that are relevant to	1075
issues in the medical claim, dental claim, chiropractic claim, or	1076
optometric claim, action for wrongful death, other civil action,	1077
or claim under Chapter 4123. of the Revised Code.	1078

(3) The testimonial privilege established under this	1079
division does not apply, and a chiropractor may testify or be	1080
compelled to testify, in any criminal action or administrative	1081
proceeding.	1082

(4) As used in this division, "communication" means	1083
acquiring, recording, or transmitting any information, in any	1084
manner, concerning any facts, opinions, or statements necessary to	1085
enable a chiropractor to diagnosisdiagnose, treat, or act for a	1086
patient. A communication may include, but is not limited to, any	1087
chiropractic, office, or hospital communication such as a record,	1088
chart, letter, memorandum, laboratory test and results, x-ray,	1089
photograph, financial statement, diagnosis, or prognosis.	1090

Sec. 2317.54.  No hospital, home health agency, ambulatory	1091
surgical facility, or provider of a hospice care program shall be	1092
held liable for a physician's failure to obtain an informed	1093
consent from the physician's patient prior to a surgical or	1094
medical procedure or course of procedures, unless the physician is	1095
an employee of the hospital, home health agency, ambulatory	1096
surgical facility, or provider of a hospice care program.	1097

Written consent to a surgical or medical procedure or course	1098
of procedures shall, to the extent that it fulfills all the	1099
requirements in divisions (A), (B), and (C) of this section, be	1100
presumed to be valid and effective, in the absence of proof by a	1101
preponderance of the evidence that the person who sought such	1102
consent was not acting in good faith, or that the execution of the	1103
consent was induced by fraudulent misrepresentation of material	1104
facts, or that the person executing the consent was not able to	1105
communicate effectively in spoken and written English or any other	1106
language in which the consent is written. Except as herein	1107
provided, no evidence shall be admissible to impeach, modify, or	1108
limit the authorization for performance of the procedure or	1109
procedures set forth in such written consent.	1110

(A) The consent sets forth in general terms the nature and	1111
purpose of the procedure or procedures, and what the procedures	1112
are expected to accomplish, together with the reasonably known	1113
risks, and, except in emergency situations, sets forth the names	1114
of the physicians who shall perform the intended surgical	1115
procedures.	1116

(B) The person making the consent acknowledges that such	1117
disclosure of information has been made and that all questions	1118
asked about the procedure or procedures have been answered in a	1119
satisfactory manner.	1120

(C) The consent is signed by the patient for whom the	1121
procedure is to be performed, or, if the patient for any reason	1122
including, but not limited to, competence, infancy, or the fact	1123
that, at the latest time that the consent is needed, the patient	1124
is under the influence of alcohol, hallucinogens, or drugs, lacks	1125
legal capacity to consent, by a person who has legal authority to	1126
consent on behalf of such patient in such circumstances.	1127

Any use of a consent form that fulfills the requirements	1128
stated in divisions (A), (B), and (C) of this section has no	1129
effect on the common law rights and liabilities, including the	1130
right of a physician to obtain the oral or implied consent of a	1131
patient to a medical procedure, that may exist as between	1132
physicians and patients on July 28, 1975.	1133

As used in this section the term "hospital" has the same	1134
meaning set forthas in division (D) of section 2305.112305.113	1135
of the Revised Code; "home health agency" has the same meaning	1136
set forthas in division (A) of former section 3701.885101.61 of	1137
the Revised Code; "ambulatory surgical facility" has the meaning	1138
as in division (A) of section 3702.30 of the Revised Code; and	1139
"hospice care program" has the same meaning set forthas in	1140
division (A) of section 3712.01 of the Revised Code. The	1141
provisions of this division apply to hospitals, doctors of	1142
medicine, doctors of osteopathic medicine, and doctors of	1143
podiatric medicine.	1144

Sec. 2323.41. (A) In any civil action upon a medical,	1145
dental, optometric, or chiropractic claim, the defendant may	1146
introduce evidence of any amount payable as a benefit to the	1147
plaintiff as a result of the damages that result from an injury,	1148
death, or loss to person or property that is the subject of the	1149
claim, except if the source of collateral benefits has a mandatory	1150
self-effectuating federal right of subrogation, a contractual	1151
right of subrogation, or a statutory right of subrogation.	1152

(B) If the defendant elects to introduce evidence	1153
described in division (A) of this section, the plaintiff may	1154
introduce evidence of any amount that the plaintiff has paid or	1155
contributed to secure the plaintiff's right to receive the	1156
benefits of which the defendant has introduced evidence.	1157

(C) A source of collateral benefits of which evidence is	1158
introduced pursuant to division (A) of this section shall not	1159
recover any amount against the plaintiff nor shall it be	1160
subrogated to the rights of the plaintiff against a defendant.	1161

(D) As used in this section, "medical claim," "dental	1162
claim," "optometric claim," and "chiropractic claim" have the same	1163
meanings as in section 2305.113 of the Revised Code.	1164

Sec. 2323.42. (A) Upon the motion of any defendant in a	1165
civil action based upon a medical claim, dental claim, optometric	1166
claim, or chiropractic claim, the court shall conduct a hearing	1167
regarding the existence or nonexistence of a reasonable good faith	1168
basis upon which the particular claim is asserted against the	1169
moving defendant. The defendant shall file the motion not earlier	1170
than the close of discovery in the action and not later than	1171
thirty days after the court or jury renders any verdict or award	1172
in the action. After the motion is filed, the plaintiff shall	1173
have not less than fourteen days to respond to the motion. Upon	1174
good cause shown by the plaintiff, the court shall grant an	1175
extension of the time for the plaintiff to respond as necessary to	1176
obtain evidence demonstrating the existence of a reasonable good	1177
faith basis for the claim.	1178

(B) At the request of any party to the good faith motion	1179
described in division (A) of this section, the court shall order	1180
the motion to be heard at an oral hearing and shall consider all	1181
evidence and arguments submitted by the parties. In determining	1182
whether a plaintiff has a reasonable good faith basis upon which	1183
to assert the claim in question against the moving defendant, the	1184
court shall take into consideration, in addition to the facts of	1185
the underlying claim, whether the plaintiff did any of the	1186
following:	1187

(1) Obtained a reasonably timely review of the merits of the	1188
particular claim by a qualified medical, dental, optometric, or	1189
chiropractic expert, as appropriate;	1190

(2) Reasonably relied upon the results of that review in	1191
supporting the assertion of the particular claim;	1192

(3) Had an opportunity to conduct a pre-suit investigation	1193
or was afforded by the defendant full and timely discovery during	1194
litigation;	1195

(4) Reasonably relied upon evidence discovered during the	1196
course of litigation in support of the assertion of the claim in	1197
question;	1198

(5) Took appropriate and reasonable steps to timely dismiss	1199
any defendant on behalf of whom it was alleged or determined that	1200
no reasonable good faith basis existed for continued assertion of	1201
the claim in question.	1202

(C) If the court determines that there was no reasonable	1203
good faith basis upon which the plaintiff asserted the claim in	1204
question against the moving defendant or that, at some point	1205
during the litigation, the plaintiff lacked a good faith basis for	1206
continuing to assert that claim, the court shall award all of the	1207
following in favor of the moving defendant:	1208

(1) All court costs incurred by the moving defendant;

1209

(2) Reasonable attorneys’ fees incurred by the moving	1210
defendant in defense of the claim after the time that the court	1211
determines that no reasonable good faith basis existed upon which	1212
to assert or continue to assert the claim;	1213

(3) Reasonable attorneys’ fees incurred in support of the	1214
good faith motion.	1215

(D) Prior to filing a good faith motion as described in	1216
division (A) of this section, any defendant that intends to file	1217
that type of motion shall serve a "notice of demand for dismissal	1218
and intention to file a good faith motion." If, within fourteen	1219
days of service of that notice, the plaintiff dismisses the	1220
defendant from the action, the defendant after the dismissal shall	1221
be precluded from filing a good faith motion as to any attorneys’	1222
fees and other costs subsequent to the dismissal.	1223

(E) As used in this section, "medical claim," "dental	1224
claim," "optometric claim," and "chiropractic claim" have the same	1225
meanings as in section 2305.113 of the Revised Code.	1226

Sec. 2323.43. (A) In a civil action upon a medical, dental,	1227
optometric, or chiropractic claim to recover damages for injury,	1228
death, or loss to person or property, all of the following apply:	1229

(1) There shall not be any limitation on compensatory damages	1230
that represent the economic loss of the person who is awarded the	1231
damages in the civil action.	1232

(2) Except as otherwise provided in division (A)(3) of this	1233
section, the amount of compensatory damages that represents	1234
damages for noneconomic loss that is recoverable in a civil action	1235
under this section to recover damages for injury, death, or loss	1236
to person or property shall not exceed the greater of two hundred	1237
fifty thousand dollars or an amount that is equal to three times	1238
the plaintiff's economic loss, as determined by the trier of fact,	1239
to a maximum of three hundred fifty thousand dollars for each	1240
plaintiff or a maximum of five hundred thousand dollars for each	1241
occurrence.	1242

(3) The amount recoverable for noneconomic loss in a civil	1243
action under this section may exceed the amount described in	1244
division (A)(2) of this section but shall not exceed five hundred	1245
thousand dollars for each plaintiff or one million dollars for	1246
each occurrence if the noneconomic losses of the plaintiff are for	1247
either of the following:	1248

(a) Permanent and substantial physical deformity, loss of	1249
use of a limb, or loss of a bodily organ system;	1250

(b) Permanent physical functional injury that permanently	1251
prevents the injured person from being able to independently care	1252
for self and perform life sustaining activities.	1253

(B) If a trial is conducted in a civil action upon a	1254
medical, dental, optometric, or chiropractic claim to recover	1255
damages for injury, death, or loss to person or property and a	1256
plaintiff prevails with respect to that claim, the court in a	1257
nonjury trial shall make findings of fact, and the jury in a jury	1258
trial shall return a general verdict accompanied by answers to	1259
interrogatories, that shall specify all of the following:	1260

(1) The total compensatory damages recoverable by the	1261
plaintiff;	1262

(2) The portion of the total compensatory damages that	1263
represents damages for economic loss;	1264

(3) The portion of the total compensatory damages that	1265
represents damages for noneconomic loss.	1266

(C)(1) After the trier of fact in a civil action upon a	1267
medical, dental, optometric, or chiropractic claim to recover	1268
damages for injury, death, or loss to person or property complies	1269
with division (B) of this section, the court shall enter a	1270
judgment in favor of the plaintiff for compensatory damages for	1271
economic loss in the amount determined pursuant to division (B)(2)	1272
of this section, and, subject to division (D)(1) of this section,	1273
the court shall enter a judgment in favor of the plaintiff for	1274
compensatory damages for noneconomic loss. In no event shall a	1275
judgment for compensatory damages for noneconomic loss exceed the	1276
maximum recoverable amount that represents damages for noneconomic	1277
loss as provided in divisions (A)(2) and (3) of this section.	1278
Division (A) of this section shall be applied in a jury trial only	1279
after the jury has made its factual findings and determination as	1280
to the damages.	1281

(2) Prior to the trial in the civil action, any party may	1282
seek summary judgment with respect to the nature of the alleged	1283
injury or loss to person or property, seeking a determination of	1284
the damages as described in division (A)(2) or (3) of this	1285
section.	1286

(D)(1) A court of common pleas has no jurisdiction to enter	1287
judgment on an award of compensatory damages for noneconomic loss	1288
in excess of the limits set forth in this section.	1289

(2) If the trier of fact is a jury, the court shall not	1290
instruct the jury with respect to the limit on compensatory	1291
damages for noneconomic loss described in divisions (A)(2) and (3)	1292
of this section, and neither counsel for any party nor a witness	1293
shall inform the jury or potential jurors of that limit.	1294

(E) Any excess amount of compensatory damages for	1295
noneconomic loss that is greater than the applicable amount	1296
specified in division (A)(2) or (3) of this section shall not be	1297
reallocated to any other tortfeasor beyond the amount of	1298
compensatory damages that that tortfeasor would otherwise be	1299
responsible for under the laws of this state.	1300

(F)(1) If pursuant to a contingency fee agreement between an	1301
attorney and a plaintiff in a civil action upon a medical claim,	1302
dental claim, optometric claim, or chiropractic claim, the amount	1303
of the attorney's fees exceed the applicable amount of the limits	1304
on compensatory damages for noneconomic loss as provided in	1305
division (A)(2) or (3) of this section, the attorney shall make an	1306
application in the probate court of the county in which the civil	1307
action was commenced or in which the settlement was entered. The	1308
application shall contain a statement of facts, including the	1309
amount to be allocated to the settlement of the claim, the amount	1310
of the settlement or judgment that represents the compensatory	1311
damages for economic loss and noneconomic loss, the relevant	1312
provision in the contingency fee agreement, and the dollar amount	1313
of the attorney's fees under the contingency fee agreement. The	1314
application shall include the proposed distribution of the amount	1315
of the judgment or settlement.	1316

(2) The attorney shall give written notice of the hearing	1317
and a copy of the application to all interested persons who have	1318
not waived notice of the hearing. Notwithstanding the waivers and	1319
consents of the interested persons, the probate court shall retain	1320
jurisdiction over the settlement, allocation, and distribution of	1321
the claim.	1322

(3) The application shall state the arrangements, if any,	1323
that have been made with respect to the attorney's fees. The	1324
attorney's fees shall be subject to the approval of the probate	1325
court.	1326

(G) This section does not apply to any of the following:

1327

(1) Civil actions upon a medical, dental, optometric, or	1328
chiropractic claim that are brought against the state in the court	1329
of claims, including, but not limited to, those actions in which a	1330
state university or college is a defendant and to which division	1331
(B)(3) of section 3345.40 of the Revised Code applies;	1332

(2) Civil actions upon a medical, dental, optometric, or	1333
chiropractic claim that are brought against political subdivisions	1334
of this state and that are commenced under or are subject to	1335
Chapter 2744. of the Revised Code. Division (C) of section	1336
2744.05 of the Revised Code applies to recoverable damages in	1337
those actions;	1338

(3) Wrongful death actions brought pursuant to Chapter 2125.	1339
of the Revised Code.	1340

(H) As used in this section:

1341

(1) "Economic loss" means any of the following types of	1342
pecuniary harm:	1343

(a) All wages, salaries, or other compensation lost as a	1344
result of an injury, death, or loss to person or property that is	1345
a subject of a civil action upon a medical, dental, optometric, or	1346
chiropractic claim;	1347

(b) All expenditures for medical care or treatment,	1348
rehabilitation services, or other care, treatment, services,	1349
products, or accommodations as a result of an injury, death, or	1350
loss to person or property that is a subject of a civil action	1351
upon a medical, dental, optometric, or chiropractic claim;	1352

(c) Any other expenditures incurred as a result of an	1353
injury, death, or loss to person or property that is a subject of	1354
a civil action upon a medical, dental, optometric, or chiropractic	1355
claim, other than attorney's fees incurred in connection with that	1356
action.	1357

(2) "Medical claim, dental claim," "optometric claim," and	1358
"chiropractic claim" have the same meanings as in section 2305.113	1359
of the Revised Code.	1360

(3) "Noneconomic loss" means nonpecuniary harm that results	1361
from an injury, death, or loss to person or property that is a	1362
subject of a civil action upon a medical, dental, optometric, or	1363
chiropractic claim, including, but not limited to, pain and	1364
suffering, loss of society, consortium, companionship, care,	1365
assistance, attention, protection, advice, guidance, counsel,	1366
instruction, training, or education, disfigurement, mental	1367
anguish, and any other intangible loss.	1368

(4) "Trier of fact" means the jury or, in a nonjury action,	1369
the court.	1370

Sec. 2323.55. (A) As used in this section:

1371

(1) "Economic loss" means any of the following types of	1372
pecuniary harm:	1373

(a) All wages, salaries, or other compensation lost as a	1374
result of an injury, death, or loss to person or property that is	1375
a subject of a civil action upon a medical, dental, optometric, or	1376
chiropractic claim;	1377

(b) All expenditures for medical care or treatment,	1378
rehabilitation services, or other care, treatment, services,	1379
products, or accommodations as a result of an injury, death, or	1380
loss to person or property that is a subject of a civil action	1381
upon a medical, dental, optometric, or chiropractic claim;	1382

(c) Any other expenditures incurred as a result of an	1383
injury, death, or loss to person or property that is a subject of	1384
a civil action upon a medical, dental, optometric, or chiropractic	1385
claim, other than attorney's fees incurred in connection with that	1386
action.	1387

(2) "Future damages" means any damages that result from an	1388
injury, death, or loss to person or property that is a subject of	1389
a civil action upon a medical, dental, optometric, or chiropractic	1390
claim and that will accrue after the verdict or determination of	1391
liability is rendered in that action by the trier of fact. "Future	1392
damages" includes both economic and noneconomic loss.	1393

(3) "Medical claim," "dental claim," "optometric claim," and	1394
"chiropractic claim" have the same meanings as in section 2305.113	1395
of the Revised Code.	1396

(4) "Noneconomic loss" means nonpecuniary harm that results	1397
from an injury, death, or loss to person or property that is a	1398
subject of a civil action upon a medical, dental, optometric, or	1399
chiropractic claim, including, but not limited to, pain and	1400
suffering, loss of society, consortium, companionship, care,	1401
assistance, attention, protection, advice, guidance, counsel,	1402
instruction, training, or education, disfigurement, mental	1403
anguish, and any other intangible loss.	1404

(5) "Past damages" means any damages that result from an	1405
injury, death, or loss to person or property that is a subject of	1406
a civil action upon a medical, dental, optometric, or chiropractic	1407
claim and that have accrued by the time that the verdict or	1408
determination of liability is rendered in that action by the trier	1409
of fact. "Past damages" include both economic loss and	1410
noneconomic loss.	1411

(6) "Trier of fact" means the jury or, in a nonjury action,	1412
the court.	1413

(B) In any civil action upon a medical, dental, optometric,	1414
or chiropractic claim in which a plaintiff makes a good faith	1415
claim against the defendant for future damages that exceed fifty	1416
thousand dollars, upon motion of that plaintiff or the defendant,	1417
the trier of fact shall return a general verdict and, if that	1418
verdict is in favor of that plaintiff, answers to interrogatories	1419
or findings of fact that specify both of the following:	1420

(1) The past damages recoverable by that plaintiff;

1421

(2) The future damages recoverable by that plaintiff.

1422

(C) If answers to interrogatories are returned or findings	1423
of fact are made pursuant to division (B) of this section and if	1424
the future damages recoverable by that plaintiff exceeds fifty	1425
thousand dollars, the plaintiff or defendant may file a motion	1426
with the court that seeks a determination under division (D) of	1427
this section. The plaintiff or defendant shall file the motion at	1428
any time after the verdict or determination in favor of the	1429
plaintiff is rendered by the trier of fact but prior to the entry	1430
of judgment in accordance with Civil Rule 58.	1431

(D)(1) Upon the filing of a motion pursuant to division (C)	1432
of this section and prior to the entry of judgment in accordance	1433
with Civil Rule 58, the court shall do all of the following:	1434

(a) Set a date for a hearing to address whether all or any	1435
part of the future damages recoverable by the plaintiff shall be	1436
received by the plaintiff in a series of periodic payments rather	1437
than in a lump sum;	1438

(b) Give notice of the date of the hearing described in	1439
division (D)(1)(a) of this section to the parties involved and	1440
their counsel of record;	1441

(c) Conduct the hearing described in division (D)(1)(a) of	1442
this section, allow the parties involved to present any relevant	1443
evidence at the hearing, consider the factors described in	1444
division (D)(2) of this section in making its determination, and	1445
make its determination in accordance with division (D)(3) of this	1446
section.	1447

(2) In determining whether all or any part of the future	1448
damages recoverable by the plaintiff shall be received by the	1449
plaintiff in a series of periodic payments rather than in a lump	1450
sum, the court shall consider all of the following factors:	1451

(a) The purposes for which those portions of the future	1452
damages were awarded to that plaintiff;	1453

(b) The business or occupational experience of that	1454
plaintiff;	1455

(c) The age of that plaintiff;

1456

(d) The physical and mental condition of that plaintiff;

1457

(e) Whether that plaintiff or the parent, guardian, or	1458
custodian of that plaintiff is able to competently manage the	1459
future damages;	1460

(f) Any other circumstance that relates to whether the	1461
injury sustained by that plaintiff would be better compensated by	1462
the payment of the future damages in a lump sum or by their	1463
receipt in a series of periodic payments.	1464

(3) After the hearing described in division (D)(1) of this	1465
section and prior to the entry of judgment in accordance with	1466
Civil Rule 58, the court shall determine, in its discretion,	1467
whether all or any part of the future damages recoverable by the	1468
plaintiff shall be received by the plaintiff in a series of	1469
periodic payments rather than in a lump sum. If the court	1470
determines that a plaintiff shall receive the future damages	1471
recoverable by the plaintiff in a series of periodic payments, it	1472
may order the payments only as to the amount of the future damages	1473
recoverable by the plaintiff that exceeds fifty thousand dollars.	1474
If the court determines that the plaintiff shall receive the	1475
future damages recoverable by the plaintiff in a lump sum, the	1476
future damages shall be paid in a lump sum.	1477

(E) If the court determines pursuant to division (D) of	1478
this section that a plaintiff shall receive the future damages	1479
recoverable by the plaintiff in a series of periodic payments,	1480
both of the following apply:	1481

(1) Within twenty days after the court makes that	1482
determination, the plaintiff shall submit a periodic payments plan	1483
to the court. The plan may include, but is not limited to, a	1484
provision for a trust or an annuity and may be submitted by that	1485
plaintiff alone or by that plaintiff and the defendant.	1486

(2) Within twenty days after the court makes that	1487
determination, the defendant may submit to the court, alone or	1488
jointly with the plaintiff, a periodic payments plan. If the	1489
defendant submits a periodic payments plan, the plan may include,	1490
but is not limited to, a provision for a trust or an annuity.	1491

(F)(1) If the defendant and plaintiff do not jointly submit	1492
a periodic payments plan and if the defendant does not separately	1493
submit a periodic payments plan, then, within ten days after that	1494
plaintiff submits a plan, the defendant may submit to the court	1495
written comments relative to the periodic payments plan of the	1496
plaintiff.	1497

(2) If the defendant and plaintiff do not jointly submit	1498
a periodic payments plan and if the defendant separately submits a	1499
periodic payments plan, then, within ten days after the defendant	1500
submits the plan, the plaintiff may submit to the court written	1501
comments relative to the periodic payments plan of the defendant.	1502

(G)(1) The court, in its discretion, may modify, approve,	1503
or reject any submitted periodic payments plan. In approving any	1504
periodic payments plan, the court shall require interest on the	1505
judgment in question in accordance with section 1343.03 of the	1506
Revised Code. Additionally, in approving any periodic payments	1507
plan, the court is not required to ensure that payments under the	1508
periodic payments plan are equal in amount or that the total	1509
amount paid each year under the periodic payments plan is equal in	1510
amount to the total amount paid in other years under the plan;	1511
rather, a periodic payments plan may provide for payments to be	1512
made in irregular or varied amounts, or to be graduated upward or	1513
downward in amount over the duration of the periodic payments	1514
plan.	1515

(2) The court shall include in any approved periodic	1516
payments plan adequate security to insure that the plaintiff will	1517
receive all of the periodic payments under that plan. If the	1518
approved periodic payments plan includes a provision for an	1519
annuity as the adequate security or otherwise, the defendant shall	1520
purchase the annuity from either of the following types of	1521
insurance companies:	1522

(a) An insurance company that the A.M. Best Company, in its	1523
most recently published rating guide of life insurance companies,	1524
has rated A or better and has rated XII or higher as to financial	1525
size or strength;	1526

(b) An insurance company that the superintendent of	1527
insurance, under rules adopted pursuant to Chapter 119. of the	1528
Revised Code for purposes of implementing this division,	1529
determines is licensed to do business in this state and,	1530
considering the factors described in this division, is a stable	1531
insurance company that issues annuities that are safe and	1532
desirable. In making determinations as described in this	1533
division, the superintendent shall be guided by the principle that	1534
annuities should be safe and desirable for plaintiffs who are	1535
awarded damages. In making those determinations, the	1536
superintendent shall consider the financial condition, general	1537
standing, operating results, profitability, leverage, liquidity,	1538
amount and soundness of reinsurance, adequacy of reserves, and the	1539
management of any insurance company in question and also may	1540
consider ratings, grades, and classifications of any nationally	1541
recognized rating services of insurance companies and any other	1542
factors relevant to the making of such determinations.	1543

(3) If a periodic payments plan provides for periodic	1544
payments over a period of five years or more to the plaintiff, the	1545
court, in its discretion, may include in the approved periodic	1546
payments plan a provision in which it reserves to itself	1547
continuing jurisdiction over that plan, including jurisdiction to	1548
review and modify that plan.	1549

(4) The court shall specify in the entry of judgment in the	1550
tort action the determination made pursuant to division (D) of	1551
this section and, if applicable, the terms of any approved	1552
periodic payments plan.	1553

(H) After a periodic payments plan is approved, the future	1554
damages that are to be received in periodic payments shall be paid	1555
in accordance with the plan, including, if applicable, payment	1556
over to a trust or annuity provided for in the plan.	1557

(I) If a court orders a series of periodic payments of	1558
future damages in accordance with this section and the plaintiff	1559
dies prior to the receipt of all of the future damages, the	1560
liability for the unpaid portion of those damages that is not yet	1561
due at the time of the death of that plaintiff shall continue, but	1562
the payments shall be paid to the heirs of that plaintiff as	1563
scheduled in and otherwise in accordance with the approved	1564
periodic payments plan or, if the plan does not contain a relevant	1565
provision, as the court shall order.	1566

(J)(1) Nothing in this section precludes a plaintiff and a	1567
defendant from mutually agreeing to a settlement of the action.	1568

(2) Except as otherwise provided in this section, nothing in	1569
this section increases the time for filing any motion or notice of	1570
appeal or taking any other action relative to a civil action upon	1571
a medical, dental, optometric, or chiropractic claim, alters the	1572
amount of any verdict or determination of damages by the trier of	1573
fact in a civil action upon a medical, dental, optometric, or	1574
chiropractic claim, or alters the liability of any party to pay or	1575
satisfy the verdict or determination.	1576

(K) This section does not apply to tort actions that are	1577
brought against political subdivisions of this state and that are	1578
commenced under or are subject to Chapter 2744. of the Revised	1579
Code or to tort actions brought against the state in the court of	1580
claims.	1581

Sec. 2323.56.  (A) As used in this section:

1582

(1) "Economic loss" means any of the following types of	1583
pecuniary harm:	1584

(a) All wages, salaries, or other compensation lost as a	1585
result of an injury to person that is a subject of a tort action;	1586

(b) All expenditures for medical care or treatment,	1587
rehabilitation services, or other care, treatment, services,	1588
products, or accommodations as a result of an injury to person	1589
that is a subject of a tort action;	1590

(c) Any other expenditures incurred as a result of an injury	1591
to person that is a subject of a tort action.	1592

(2) "Future damages" means any damages that result from an	1593
injury to person that is a subject of a tort action and that will	1594
accrue after the verdict or determination of liability by the	1595
trier of fact is rendered in that tort action.	1596

(3) "Medical claim," "dental claim," "optometric claim," and	1597
"chiropractic claim" have the same meanings as in section 2305.11	1598
2305.113 of the Revised Code.	1599

(4) "Noneconomic loss" means nonpecuniary harm that results	1600
from an injury to person that is a subject of a tort action,	1601
including, but not limited to, pain and suffering, loss of	1602
society, consortium, companionship, care, assistance, attention,	1603
protection, advice, guidance, counsel, instruction, training, or	1604
education, mental anguish, and any other intangible loss.	1605

(5) "Past damages" means any damages that result from an	1606
injury to person that is a subject of a tort action and that have	1607
accrued by the time that the verdict or determination of liability	1608
by the trier of fact is rendered in that tort action, and any	1609
punitive or exemplary damages awarded.	1610

(6) "Tort action" means a civil action for damages for	1611
injury to person. "Tort action" includes a product liability	1612
claim for damages for injury to person that is subject to sections	1613
2307.71 to 2307.80 of the Revised Code, but does not include a	1614
civil action for damages for a breach of contract or another	1615
agreement between persons.	1616

(7) "Trier of fact" means the jury or, in a nonjury action,	1617
the court.	1618

(B)(1) In any tort action that is tried to a jury and in	1619
which a plaintiff makes a good faith claim against the defendant	1620
in question for future damages that exceed two hundred thousand	1621
dollars, upon motion of that plaintiff or the defendant in	1622
question, the court shall instruct the jury to return, and the	1623
jury shall return, a general verdict and, if that verdict is in	1624
favor of that plaintiff, answers to interrogatories that shall	1625
specify all of the following:	1626

(a) The past damages recoverable by that plaintiff;

1627

(b) The future damages recoverable by that plaintiff, and	1628
the portions of those future damages that represent each of the	1629
following:	1630

(i) Noneconomic loss;

1631

(ii) Economic loss;

1632

(iii) Economic loss as described in division (A)(1)(a) of	1633
this section;	1634

(iv) Economic loss as described in division (A)(1)(b) of	1635
this section;	1636

(v) Economic loss as described in division (A)(1)(c) of this	1637
section.	1638

(2) In any tort action that is tried to a court and in which	1639
a plaintiff makes a good faith claim against the defendant in	1640
question for future damages that exceed two hundred thousand	1641
dollars, upon motion of that plaintiff or the defendant in	1642
question, the court shall make its determination in the action	1643
and, if that determination is in favor of that plaintiff, make	1644
findings of fact that shall specify damages as provided in	1645
division (B)(1) of this section.	1646

(C) If answers to interrogatories are returned or findings	1647
of fact are made pursuant to division (B) of this section and if	1648
the total of the portions of the future damages described in	1649
divisions (B)(1)(b)(i), (iv), and (v) of this section exceeds both	1650
two hundred thousand dollars and twenty-five per cent of the total	1651
of the damages described in divisions (B)(1)(a) and (b) of this	1652
section, the plaintiff or defendant in question may file a motion	1653
with the court that seeks a determination under division (D) of	1654
this section. Such a motion shall be filed at any time after the	1655
verdict or determination in favor of the plaintiff in question is	1656
rendered by the trier of fact but prior to the entry of judgment	1657
in accordance with Civil Rule 58.	1658

(D)(1) Upon the filing of a motion pursuant to division (C)	1659
of this section and prior to the entry of judgment in accordance	1660
with Civil Rule 58, the court shall do all of the following:	1661

(a) Set a date for a hearing to address whether all or any	1662
part of the total of the portions of the future damages described	1663
in divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1664
received by the plaintiff in question in a series of periodic	1665
payments rather than in a lump sum;	1666

(b) Give notice of the date of the hearing described in	1667
division (D)(1)(a) of this section to the parties involved and	1668
their counsel of record;	1669

(c) Conduct the hearing described in division (D)(1)(a) of	1670
this section, allow the parties involved to present any relevant	1671
evidence at the hearing, consider the factors described in	1672
division (D)(2) of this section in making its determination, and	1673
make its determination in accordance with division (D)(3) of this	1674
section.	1675

(2) In determining whether all or any part of the total of	1676
the portions of the future damages described in divisions	1677
(B)(1)(b)(i), (iv), and (v) of this section shall be received by	1678
the plaintiff in question in a series of periodic payments rather	1679
than in a lump sum, the court shall consider all of the following	1680
factors:	1681

(a) The purposes for which those portions of the future	1682
damages were awarded to that plaintiff;	1683

(b) The business or occupational experience of that	1684
plaintiff;	1685

(c) The age of that plaintiff;

1686

(d) The physical and mental condition of that plaintiff;

1687

(e) Whether that plaintiff or the parent, guardian, or	1688
custodian of that plaintiff is able to competently manage those	1689
portions of the future damages;	1690

(f) Any other circumstance that relates to whether the	1691
injury sustained by that plaintiff would be better compensated by	1692
the payment of those portions of the future damages in a lump sum	1693
or by their receipt in a series of periodic payments.	1694

(3) After the hearing described in division (D)(1) of this	1695
section and prior to the entry of judgment in accordance with	1696
Civil Rule 58, the court shall determine, in its discretion,	1697
whether all or any part of the total of the portions of the future	1698
damages described in divisions (B)(1)(b)(i), (iv), and (v) of this	1699
section shall be received by the plaintiff in question in a series	1700
of periodic payments rather than in a lump sum. If the court	1701
determines that a series of periodic payments shall be received by	1702
that plaintiff, it may order such payments only as to the amount	1703
of that total that exceeds both two hundred thousand dollars and	1704
twenty-five per cent of the total of the damages described in	1705
divisions (B)(1)(a) and (b) of this section.	1706

(E)(1)(a) If the court determines pursuant to division (D)	1707
of this section that a series of periodic payments shall be	1708
received by the plaintiff in question, then, within twenty days	1709
after the court so determines, that plaintiff shall submit a	1710
periodic payments plan to the court. Such a plan may include, but	1711
is not limited to, a provision for a trust or an annuity, and may	1712
be submitted by that plaintiff alone or by that plaintiff and the	1713
defendant in question.	1714

(b) If that defendant and that plaintiff do not jointly	1715
submit a periodic payments plan, then, within twenty days after	1716
the court makes its determination pursuant to division (D) of this	1717
section that a series of periodic payments shall be received by	1718
that plaintiff, that defendant may submit to the court a periodic	1719
payments plan. If hethat defendant does so, it may include, but	1720
is not limited to, a provision for a trust or an annuity.	1721

(c) If that defendant and that plaintiff do not jointly	1722
submit a periodic payments plan and if that defendant does not	1723
separately submit such a plan pursuant to division (E)(1)(b) of	1724
this section, then, within ten days after that plaintiff submits	1725
such a plan, that defendant may submit to the court written	1726
comments relative to the periodic payments plan of that plaintiff.	1727
If that defendant and that plaintiff do not jointly submit a	1728
periodic payments plan and if that defendant separately submits	1729
such a plan pursuant to division (E)(1)(b) of this section, then,	1730
within ten days after that defendant submits such a plan, that	1731
plaintiff may submit to the court written comments relative to the	1732
periodic payments plan of that defendant.	1733

(d) The court, in its discretion, may modify, approve, or	1734
reject any submitted periodic payments plan. In approving any	1735
periodic payments plan, the court shall take into consideration	1736
interest on the judgment in question, in accordance with section	1737
1343.03 of the Revised Code. Additionally, in approving any	1738
periodic payments plan, the court is not required to ensure that	1739
payments under the periodic payments plan are equal in amount or	1740
that the total amount paid each year under the periodic payments	1741
plan is equal in amount to the total amount paid in other years	1742
under the plan; rather, a periodic payments plan may provide for	1743
payments to be made in irregular or varied amounts, or to be	1744
graduated upward or downward in amount over the duration of the	1745
periodic payments plan.	1746

(e) The court shall include in any approved periodic	1747
payments plan adequate security to insure that the plaintiff in	1748
question will receive all of the periodic payments under that	1749
plan. If the approved periodic payments plan includes a provision	1750
for an annuity as the adequate security or otherwise, the	1751
defendant in question shall purchase the annuity from either of	1752
the following types of insurance companies:	1753

(i) An insurance company that the A.M. Best Company, in its	1754
most recently published rating guide of life insurance companies,	1755
has rated A or better and has rated XII or higher as to financial	1756
size or strength;	1757

(ii) An insurance company that the superintendent of	1758
insurance, under rules adopted pursuant to Chapter 119. of the	1759
Revised Code for purposes of implementing this division,	1760
determines is licensed to do business in this state and,	1761
considering the factors described in this division, is a stable	1762
insurance company that issues annuities that are safe and	1763
desirable.	1764

In making determinations as described in this division, the	1765
superintendent shall be guided by the principle that annuities	1766
should be safe and desirable for plaintiffs who are awarded	1767
damages. In making such determinations, the superintendent shall	1768
consider the financial condition, general standing, operating	1769
results, profitability, leverage, liquidity, amount and soundness	1770
of reinsurance, adequacy of reserves, and the management of any	1771
insurance company in question and also may consider ratings,	1772
grades, and classifications of any nationally recognized rating	1773
services of insurance companies and any other factors relevant to	1774
the making of such determinations.	1775

(f) If a periodic payments plan provides for periodic	1776
payments over a period of five years or more to the plaintiff in	1777
question, the court, in its discretion, may include in the	1778
approved periodic payments plan a provision in which it reserves	1779
to itself continuing jurisdiction over that plan, including	1780
jurisdiction to review and modify that plan.	1781

(g) After a periodic payments plan is approved, the future	1782
damages that are to be received in periodic payments shall be paid	1783
in accordance with the plan, including, if applicable, payment	1784
over to a trust or annuity provided for in the plan.	1785

(2) If the court determines pursuant to division (D) of this	1786
section that a series of periodic payments shall not be received	1787
by the plaintiff in question, the future damages described in	1788
divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1789
paid in a lump sum.	1790

(3) The court shall specify in the entry of judgment in the	1791
tort action the determination made pursuant to division (D) of	1792
this section and, if applicable, the terms of any approved	1793
periodic payments plan.	1794

(F) If a court orders a series of periodic payments of	1795
future damages in accordance with this section, the following	1796
rules shall govern those payments if the plaintiff in question	1797
dies prior to the receipt of all of them:	1798

(1) The liability for the portion of those payments that	1799
represents future economic loss as described in division	1800
(B)(1)(b)(iv) of this section and that is not due at the time of	1801
the death of that plaintiff shall cease at that time;	1802

(2) The liability for the portion of those payments that	1803
represents future noneconomic loss of that plaintiff as described	1804
in division (B)(1)(b)(i) of this section and that is not due at	1805
the time of the death of that plaintiff shall continue, but the	1806
payments shall be paid to the heirs of that plaintiff as scheduled	1807
in and otherwise in accordance with the approved periodic payments	1808
plan or, if the plan does not contain a relevant provision, as the	1809
court shall order;	1810

(3) The liability for the portion of those payments not	1811
described in division (F)(1) or (2) of this section shall	1812
continue, but the payments shall be paid as described in division	1813
(F)(2) of this section.	1814

(G)(1) Nothing in this section precludes a plaintiff in	1815
question and a defendant in question from mutually agreeing to a	1816
settlement of the action.	1817

(2) Except to the extent provided in divisions (A) to (F) of	1818
this section, nothing in those divisions increases the time for	1819
filing any motion or notice of appeal or taking any other action	1820
relative to a tort action, alters the amount of any verdict or	1821
determination of damages by the trier of fact in a tort action, or	1822
alters the liability of any party to pay or satisfy any such	1823
verdict or determination.	1824

(H) This section does not apply to tort actions against	1825
political subdivisions of this state that are commenced under or	1826
are subject to Chapter 2744. of the Revised Code or to tort	1827
actions against the state in the court of claims. This section	1828
also does not apply to a tort or other civil action upon a medical	1829
claim, dental claim, optometric claim, or chiropractic claim, and	1830
instead such an action shall be subject to section 2323.572323.55	1831
of the Revised Code.	1832

Sec. 2711.21.  (A) Upon the filing of any medical, dental,	1833
optometric, or chiropractic claim as defined in division (D) of	1834
section 2305.112305.113 of the Revised Code, if all of the	1835
parties to the medical, dental, optometric, or chiropractic claim	1836
agree to submit it to nonbinding arbitration, the controversy	1837
shall be submitted to an arbitration board consisting of three	1838
arbitrators to be named by the court. The arbitration board shall	1839
consist of one person designated by the plaintiff or plaintiffs,	1840
one person designated by the defendant or defendants, and a person	1841
designated by the court. The person designated by the court shall	1842
serve as the chairmanchairperson of the board. Each member of	1843
the board shall receive a reasonable compensation based on the	1844
extent and duration of actual service rendered, and shall be paid	1845
in equal proportions by the parties in interest. In a claim	1846
accompanied by a poverty affidavit, the cost of the arbitration	1847
shall be borne by the court.	1848

(B) The arbitration proceedings shall be conducted in	1849
accordance with sections 2711.06 to 2711.16 of the Revised Code	1850
insofar as they are applicable. Such proceedings shall be	1851
conducted in the county in which the trial is to be held.	1852

(C) If the decision of the arbitration board is not accepted	1853
by all parties to the medical, dental, optometric, or chiropractic	1854
claim, the claim shall proceed as if it had not been submitted to	1855
nonbinding arbitration pursuant to this section. The decision of	1856
the arbitration board and any dissenting opinion written by any	1857
board member are not admissible into evidence at the trial.	1858

(D) Nothing in this section shall be construed to limit the	1859
right of any person to enter into an agreement to submit a	1860
controversy underlying a medical, dental, optometric, or	1861
chiropractic claim to binding arbitration.	1862

Sec. 2711.22. A(A) Except as otherwise provided in this	1863
section, a written contract between a patient and a hospital or	1864
physicianhealthcare provider to settle by binding arbitration any	1865
dispute or controversy arising out of the diagnosis, treatment, or	1866
care of the patient rendered by a physician or hospital or	1867
healthcare provider, that is entered into prior to or subsequent	1868
to the rendering of such diagnosis, treatment, or care of the	1869
patient is valid, irrevocable, and enforceable, save upon such	1870
grounds as exist at law or in equity for the revocation of any	1871
contractonce the contract is signed by all parties. The contract	1872
remains valid, irrevocable, and enforceable until or unless the	1873
patient or the patient's legal representative rescinds the	1874
contract by written notice within thirty days of the signing of	1875
the contract. A guardian or other legal representative of the	1876
patient may give written notice of the rescission of the contract	1877
if the patient is incapacitated or a minor.	1878

(B) As used in this section the terms "hospital" and	1879
"physician" shall have the meaning set forth in division (D) of	1880
section 2305.11 of the Revised Code. The provisions of this	1881
division apply to hospitals, doctors of medicine, doctors of	1882
osteopathic medicine, and doctors of podiatric medicine.and in	1883
sections 2711.23 and 2711.24 of the Revised Code:	1884

(1) "Healthcare provider" means a physician, podiatrist,	1885
dentist, licensed practical nurse, registered nurse, advanced	1886
practice nurse, chiropractor, optometrist, physician assistant,	1887
emergency medical technician-basic, emergency medical	1888
technician-intermediate, emergency medical technician-paramedic,	1889
or physical therapist.	1890

(2) "Hospital," "physician," "podiatrist," "dentist,"	1891
"licensed practical nurse," "registered nurse," "advanced practice	1892
nurse," "chiropractor," "optometrist," "physician assistant,"	1893
"emergency medical technician-basic," "emergency medical	1894
technician-intermediate," "emergency medical	1895
technician-paramedic," "physical therapist," "medical claim,"	1896
"dental claim," "optometric claim," and "chiropractic claim" have	1897
the same meanings as in section 2305.113 of the Revised Code.	1898

Sec. 2711.23.  To be valid and enforceable any arbitration	1899
agreements pursuant to sections 2711.01 and 2711.22 of the Revised	1900
Code for controversies involving hospital ora medical care,	1901
diagnosis, or treatment which are, dental, chiropractic, or	1902
optometric claim that is entered into prior to rendering sucha	1903
patient receiving any care, diagnosis, or treatment shall include	1904
or be subject to the following conditions:	1905

(A) The agreement shall provide that medical or hospitalthe	1906
care, diagnosis, or treatment will be provided whether or not the	1907
patient signs the agreement to arbitrate;	1908

(B) The agreement shall provide that the patient, or the	1909
patient's spouse, or the personal representative of histhe	1910
patient's estate in the event of the patient's death or	1911
incapacity, shall have a right to withdraw the patient's consent	1912
to arbitrate histhe patient's claim by notifying the physician	1913
healthcare provider or hospital in writing within sixtythirty	1914
days after the patient's discharge from the hospital for any claim	1915
arising out of hospitalization, or within sixty days after the	1916
termination of the physician-patient relationship for the physical	1917
condition involved for any claim against a physiciansigning of	1918
the agreement. Nothing in this division shall be construed to mean	1919
that the spouse of a competent patient can withdraw over the	1920
objection of the patient the consent of the patient to arbitrate;	1921

(C) The agreement shall provide that the decision whether or	1922
not to sign the agreement is solely a matter for the patient's	1923
determination without any influence by the physician or hospital;	1924

(D) The agreement shall, if appropriate, provide that its	1925
terms constitute a waiver of any right to a trial in court, or a	1926
waiver of any right to a trial by jury;	1927

(E) The agreement shall provide that the arbitration	1928
expenses shall be divided equally between the parties to the	1929
agreement;	1930

(F) Any arbitration panel shall consist of three persons, no	1931
more than one of whom shall be a physician or the representative	1932
of a hospital;	1933

(G) The arbitration agreement shall be separate from any	1934
other agreement, consent, or document;	1935

(H) The agreement shall not be submitted to a patient for	1936
approval when the patient's condition prevents the patient from	1937
making a rational decision whether or not to agree;	1938

(I) Filing of a medical, dental, chiropractic, or optometric	1939
claim, as defined in division (D) of section 2305.11 of the	1940
Revised Code, within the sixtythirty days provided for withdrawal	1941
of a patient from the arbitration agreement shall be deemed a	1942
withdrawal from suchthe agreement;	1943

(J) The agreement shall contain a separately stated notice	1944
that clearly informs the patient of histhe patient's rights under	1945
division (B) of this section.	1946

As used in this section, the terms "hospital" and "physician"	1947
shall have the meanings set forth in division (D) of section	1948
2305.11 of the Revised Code.	1949

The provisions of this division apply to hospitals, doctors	1950
of medicine, doctors of osteopathic medicine, and doctors of	1951
podiatric medicine.	1952

Sec. 2711.24.  To the extent it is in ten-point type and is	1953
executed in the following form, an arbitration agreement of the	1954
type stated in section 2711.23 of the Revised Code shall be	1955
presumed valid and enforceable in the absence of proof by a	1956
preponderance of the evidence that the execution of the agreement	1957
was induced by fraud, that the patient executed the agreement as a	1958
direct result of the willful or negligent disregard by the	1959
physician or hospitalhealthcare provider of the patient's right	1960
not to so execute, or that the patient executing the agreement was	1961
not able to communicate effectively in spoken and written English	1962
or any other language in which the agreement is written:	1963

"AGREEMENT TO RESOLVE FUTURE MALPRACTICE

1964

CLAIM BY BINDING ARBITRATION

1965

In the event of any dispute or controversy arising out of the	1966
diagnosis, treatment, or care of the patient by the healthcare	1967
provider of medical services, the dispute or controversy shall be	1968
submitted to binding arbitration.	1969

Within fifteen days after a party to this agreement has given	1970
written notice to the other of demand for arbitration of said	1971
dispute or controversy, the parties to the dispute or controversy	1972
shall each appoint an arbitrator and give notice of such	1973
appointment to the other. Within a reasonable time after such	1974
notices have been given the two arbitrators so selected shall	1975
select a neutral arbitrator and give notice of the selection	1976
thereof to the parties. The arbitrators shall hold a hearing	1977
within a reasonable time from the date of notice of selection of	1978
the neutral arbitrator.	1979

Expenses of the arbitration shall be shared equally by the	1980
parties to this agreement.	1981

The patient, by signing this agreement, also acknowledges	1982
that hethe patient has been informed that:	1983

(1) Medical or hospital careCare, diagnosis, or treatment	1984
will be provided whether or not the patient signs the agreement to	1985
arbitrate;	1986

(2) The agreement may not even be submitted to a patient for	1987
approval when the patient's condition prevents the patient from	1988
making a rational decision whether or not to agree;	1989

(3) The decision whether or not to sign the agreement is	1990
solely a matter for the patient's determination without any	1991
influence by the physician or hospital;	1992

(4) The agreement waives the patient's right to a trial in	1993
court for any future malpractice claim hethe patient may have	1994
against the physician or hospitalhealthcare provider;	1995

(5) The patient must be furnished with two copies of this	1996
agreement.	1997

PATIENT'S RIGHT TO CANCEL

1998

HIS AGREEMENT TO ARBITRATE

1999

The patient, or the patient's spouse or the personal	2000
representative of histhe patient's estate in the event of the	2001
patient's death or incapacity, has the right to cancel this	2002
agreement to arbitrate by notifying the physician or hospital	2003
healthcare provider in writing within sixtythirty days after the	2004
patient's discharge from the hospital for any claim against a	2005
hospital, or within sixty days after the termination of the	2006
physician-patient relationship for the physical condition involved	2007
for claims against physicianssigning of the agreement. The	2008
patient, or histhe patient's spouse or representative, as	2009
appropriate, may cancel this agreement by merely writing	2010
"cancelled" on the face of one of histhe patient's copies of the	2011
agreement, signing histhe patient's name under such word, and	2012
mailing, by certified mail, return receipt requested, suchthe	2013
copy to the physician or hospitalhealthcare provider within such	2014
sixty-daythe thirty-day period.	2015

Filing of a medical claim in a court within the sixtythirty	2016
days provided for cancellation of the arbitration agreement by the	2017
patient will cancel the agreement without any further action by	2018
the patient.	2019

Date:

2020

................................................................

2021

Signature of Provider of Medical Services

2022

................................................................

2023

Signature of Patient"

2024

(B) As used in this section the terms "hospital" and	2025
"physician" have the meanings set forth in division (D) of section	2026
2305.11 of the Revised Code. The provisions of this division	2027
apply to hospitals, doctors of medicine, doctors of osteopathic	2028
medicine, and doctors of podiatric medicine.	2029

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	2030
from liability and consents to be sued, and have its liability	2031
determined, in the court of claims created in this chapter in	2032
accordance with the same rules of law applicable to suits between	2033
private parties, except that the determination of liability is	2034
subject to the limitations set forth in this chapter and, in the	2035
case of state universities or colleges, in section 3345.40 of the	2036
Revised Code, and except as provided in division (A)(2) of this	2037
section. To the extent that the state has previously consented to	2038
be sued, this chapter has no applicability.	2039

Except in the case of a civil action filed by the state,	2040
filing a civil action in the court of claims results in a complete	2041
waiver of any cause of action, based on the same act or omission,	2042
which the filing party has against any officer or employee, as	2043
defined in section 109.36 of the Revised Code. The waiver shall	2044
be void if the court determines that the act or omission was	2045
manifestly outside the scope of the officer's or employee's office	2046
or employment or that the officer or employee acted with malicious	2047
purpose, in bad faith, or in a wanton or reckless manner.	2048

(2) If a claimant proves in the court of claims that an	2049
officer or employee, as defined in section 109.36 of the Revised	2050
Code, would have personal liability for histhe officer's or	2051
employee's acts or omissions but for the fact that the officer or	2052
employee has personal immunity under section 9.86 of the Revised	2053
Code, the state shall be held liable in the court of claims in any	2054
action that is timely filed pursuant to section 2743.16 of the	2055
Revised Code and that is based upon the acts or omissions.	2056

(B) The state hereby waives the immunity from liability of	2057
all hospitals owned or operated by one or more political	2058
subdivisions and consents for them to be sued, and to have their	2059
liability determined, in the court of common pleas, in accordance	2060
with the same rules of law applicable to suits between private	2061
parties, subject to the limitations set forth in this chapter.	2062
This division is also applicable to hospitals owned or operated by	2063
political subdivisions which have been determined by the supreme	2064
court to be subject to suit prior to July 28, 1975.	2065

(C) Any hospital, as defined underin section 2305.11	2066
2305.113 of the Revised Code, may purchase liability insurance	2067
covering its operations and activities and its agents, employees,	2068
nurses, interns, residents, staff, and members of the governing	2069
board and committees, and, whether or not such insurance is	2070
purchased, may, to such extent as its governing board considers	2071
appropriate, indemnify or agree to indemnify and hold harmless any	2072
such person against expense, including attorney's fees, damage,	2073
loss, or other liability arising out of, or claimed to have arisen	2074
out of, the death, disease, or injury of any person as a result of	2075
the negligence, malpractice, or other action or inaction of the	2076
indemnified person while acting within the scope of histhe	2077
indemnified person's duties or engaged in activities at the	2078
request or direction, or for the benefit, of the hospital. Any	2079
hospital electing to indemnify such persons, or to agree to so	2080
indemnify, shall reserve such funds as are necessary, in the	2081
exercise of sound and prudent actuarial judgment, to cover the	2082
potential expense, fees, damage, loss, or other liability. The	2083
superintendent of insurance may recommend, or, if such hospital	2084
requests himthe superintendent to do so, the superintendent shall	2085
recommend, a specific amount for any period that, in histhe	2086
superintendent's opinion, represents such a judgment. This	2087
authority is in addition to any authorization otherwise provided	2088
or permitted by law.	2089

(D) Recoveries against the state shall be reduced by the	2090
aggregate of insurance proceeds, disability award, or other	2091
collateral recovery received by the claimant. This division does	2092
not apply to civil actions in the court of claims against a state	2093
university or college under the circumstances described in section	2094
3345.40 of the Revised Code. The collateral benefits provisions	2095
of division (B)(2) of that section apply under those	2096
circumstances.	2097

(E) The only defendant in original actions in the court of	2098
claims is the state. The state may file a third-party complaint	2099
or counterclaim in any civil action, except a civil action for two	2100
thousand five hundred dollars or less, that is filed in the court	2101
of claims.	2102

(F) A civil action against an officer or employee, as	2103
defined in section 109.36 of the Revised Code, that alleges that	2104
the officer's or employee's conduct was manifestly outside the	2105
scope of histhe officer's or employee's employment or official	2106
responsibilities, or that the officer or employee acted with	2107
malicious purpose, in bad faith, or in a wanton or reckless manner	2108
shall first be filed against the state in the court of claims,	2109
which has exclusive, original jurisdiction to determine,	2110
initially, whether the officer or employee is entitled to personal	2111
immunity under section 9.86 of the Revised Code and whether the	2112
courts of common pleas have jurisdiction over the civil action.	2113

The filing of a claim against an officer or employee under	2114
this division tolls the running of the applicable statute of	2115
limitations until the court of claims determines whether the	2116
officer or employee is entitled to personal immunity under section	2117
9.86 of the Revised Code.	2118

(G) Whenever a claim lies against an officer or employee who	2119
is a member of the Ohio national guard, and the officer or	2120
employee was, at the time of the act or omission complained of,	2121
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	2122
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	2123
exclusive remedy of the claimant and the state has no liability	2124
under this section.	2125

Sec. 2743.43.  (A) No person shall be deemed competent to	2126
give expert testimony on the liability issues in a medical claim,	2127
as defined in division (D)(3) of section 2305.112305.113 of the	2128
Revised Code, unless:	2129

(1) Such person is licensed to practice medicine and	2130
surgery, osteopathic medicine and surgery, or podiatric medicine	2131
and surgery by the state medical board or by the licensing	2132
authority of any state;	2133

(2) Such person devotes three-fourths of histhe person's	2134
professional time to the active clinical practice of medicine or	2135
surgery, osteopathic medicine and surgery, or podiatric medicine	2136
and surgery, or to its instruction in an accredited university.	2137

(B) Nothing in division (A) of this section shall be	2138
construed to limit the power of the trial court to adjudge the	2139
testimony of any expert witness incompetent on any other ground.	2140

(C) Nothing in division (A) of this section shall be	2141
construed to limit the power of the trial court to allow the	2142
testimony of any other expert witness that is relevant to the	2143
medical claim involved.	2144

Sec. 2919.16.  As used in sections 2919.16 to 2919.18 of the	2145
Revised Code:	2146

(A) "Fertilization" means the fusion of a human spermatozoon	2147
with a human ovum.	2148

(B) "Gestational age" means the age of an unborn human as	2149
calculated from the first day of the last menstrual period of a	2150
pregnant woman.	2151

(C) "Health care facility" means a hospital, clinic,	2152
ambulatory surgical treatment center, other center, medical	2153
school, office of a physician, infirmary, dispensary, medical	2154
training institution, or other institution or location in or at	2155
which medical care, treatment, or diagnosis is provided to a	2156
person.	2157

(D) "Hospital" has the same meanings as in sections 2108.01,	2158
3701.01, and 5122.01 of the Revised Code.	2159

(E) "Live birth" has the same meaning as in division (A) of	2160
section 3705.01 of the Revised Code.	2161

(F) "Medical emergency" means a condition that a pregnant	2162
woman's physician determines, in good faith and in the exercise of	2163
reasonable medical judgment, so complicates the woman's pregnancy	2164
as to necessitate the immediate performance or inducement of an	2165
abortion in order to prevent the death of the pregnant woman or to	2166
avoid a serious risk of the substantial and irreversible	2167
impairment of a major bodily function of the pregnant woman that	2168
delay in the performance or inducement of the abortion would	2169
create.	2170

(G) "Physician" has the same meaning as in section 2305.11	2171
2305.113 of the Revised Code.	2172

(H) "Pregnant" means the human female reproductive	2173
condition, that commences with fertilization, of having a	2174
developing fetus.	2175

(I) "Premature infant" means a human whose live birth occurs	2176
prior to thirty-eight weeks of gestational age.	2177

(J) "Serious risk of the substantial and irreversible	2178
impairment of a major bodily function" means any medically	2179
diagnosed condition that so complicates the pregnancy of the woman	2180
as to directly or indirectly cause the substantial and	2181
irreversible impairment of a major bodily function, including, but	2182
not limited to, the following conditions:	2183

(1) Pre-eclampsia;

2184

(2) Inevitable abortion;

2185

(3) Prematurely ruptured membrane;

2186

(4) Diabetes;

2187

(5) Multiple sclerosis.

2188

(K) "Unborn human" means an individual organism of the	2189
species homo sapiens from fertilization until live birth.	2190

(L) "Viable" means the stage of development of a human fetus	2191
at which in the determination of a physician, based on the	2192
particular facts of a woman's pregnancy that are known to the	2193
physician and in light of medical technology and information	2194
reasonably available to the physician, there is a realistic	2195
possibility of the maintaining and nourishing of a life outside of	2196
the womb with or without temporary artificial life-sustaining	2197
support.	2198

Sec. 3923.63.  (A) Notwithstanding section 3901.71 of the	2199
Revised Code, each individual or group policy of sickness and	2200
accident insurance delivered, issued for delivery, or renewed in	2201
this state that provides maternity benefits shall provide coverage	2202
of inpatient care and follow-up care for a mother and her newborn	2203
as follows:	2204

(1) The policy shall cover a minimum of forty-eight hours of	2205
inpatient care following a normal vaginal delivery and a minimum	2206
of ninety-six hours of inpatient care following a cesarean	2207
delivery. Services covered as inpatient care shall include	2208
medical, educational, and any other services that are consistent	2209
with the inpatient care recommended in the protocols and	2210
guidelines developed by national organizations that represent	2211
pediatric, obstetric, and nursing professionals.	2212

(2) The policy shall cover a physician-directed source of	2213
follow-up care. Services covered as follow-up care shall include	2214
physical assessment of the mother and newborn, parent education,	2215
assistance and training in breast or bottle feeding, assessment of	2216
the home support system, performance of any medically necessary	2217
and appropriate clinical tests, and any other services that are	2218
consistent with the follow-up care recommended in the protocols	2219
and guidelines developed by national organizations that represent	2220
pediatric, obstetric, and nursing professionals. The coverage	2221
shall apply to services provided in a medical setting or through	2222
home health care visits. The coverage shall apply to a home	2223
health care visit only if the health care professional who	2224
conducts the visit is knowledgeable and experienced in maternity	2225
and newborn care.	2226

When a decision is made in accordance with division (B) of	2227
this section to discharge a mother or newborn prior to the	2228
expiration of the applicable number of hours of inpatient care	2229
required to be covered, the coverage of follow-up care shall apply	2230
to all follow-up care that is provided within seventy-two hours	2231
after discharge. When a mother or newborn receives at least the	2232
number of hours of inpatient care required to be covered, the	2233
coverage of follow-up care shall apply to follow-up care that is	2234
determined to be medically necessary by the health care	2235
professionals responsible for discharging the mother or newborn.	2236

(B) Any decision to shorten the length of inpatient stay to	2237
less than that specified under division (A)(1) of this section	2238
shall be made by the physician attending the mother or newborn,	2239
except that if a nurse-midwife is attending the mother in	2240
collaboration with a physician, the decision may be made by the	2241
nurse-midwife. Decisions regarding early discharge shall be made	2242
only after conferring with the mother or a person responsible for	2243
the mother or newborn. For purposes of this division, a person	2244
responsible for the mother or newborn may include a parent,	2245
guardian, or any other person with authority to make medical	2246
decisions for the mother or newborn.	2247

(C)(1) No sickness and accident insurer may do either of the	2248
following:	2249

(a) Terminate the participation of a health care	2250
professional or health care facility as a provider under a	2251
sickness and accident insurance policy solely for making	2252
recommendations for inpatient or follow-up care for a particular	2253
mother or newborn that are consistent with the care required to be	2254
covered by this section;	2255

(b) Establish or offer monetary or other financial	2256
incentives for the purpose of encouraging a person to decline the	2257
inpatient or follow-up care required to be covered by this	2258
section.	2259

(2) Whoever violates division (C)(1)(a) or (b) of this	2260
section has engaged in an unfair and deceptive act or practice in	2261
the business of insurance under sections 3901.19 to 3901.26 of the	2262
Revised Code.	2263

(D) This section does not do any of the following:

2264

(1) Require a policy to cover inpatient or follow-up care	2265
that is not received in accordance with the policy's terms	2266
pertaining to the health care professionals and facilities from	2267
which an individual is authorized to receive health care services;	2268

(2) Require a mother or newborn to stay in a hospital or	2269
other inpatient setting for a fixed period of time following	2270
delivery;	2271

(3) Require a child to be delivered in a hospital or other	2272
inpatient setting;	2273

(4) Authorize a nurse-midwife to practice beyond the	2274
authority to practice nurse-midwifery in accordance with Chapter	2275
4723. of the Revised Code;	2276

(5) Establish minimum standards of medical diagnosis, care	2277
or treatment for inpatient or follow-up care for a mother or	2278
newborn. A deviation from the care required to be covered under	2279
this section shall not, solely on the basis of this section, give	2280
rise to a medical claim or derivative medical claim, as those	2281
terms are defined in section 2305.112305.113 of the Revised Code.	2282

Sec. 3923.64.  (A) Notwithstanding section 3901.71 of the	2283
Revised Code, each public employee benefit plan established or	2284
modified in this state that provides maternity benefits shall	2285
provide coverage of inpatient care and follow-up care for a mother	2286
and her newborn as follows:	2287

(1) The plan shall cover a minimum of forty-eight hours of	2288
inpatient care following a normal vaginal delivery and a minimum	2289
of ninety-six hours of inpatient care following a cesarean	2290
delivery. Services covered as inpatient care shall include	2291
medical, educational, and any other services that are consistent	2292
with the inpatient care recommended in the protocols and	2293
guidelines developed by national organizations that represent	2294
pediatric, obstetric, and nursing professionals.	2295

(2) The plan shall cover a physician-directed source of	2296
follow-up care. Services covered as follow-up care shall include	2297
physical assessment of the mother and newborn, parent education,	2298
assistance and training in breast or bottle feeding, assessment of	2299
the home support system, performance of any medically necessary	2300
and appropriate clinical tests, and any other services that are	2301
consistent with the follow-up care recommended in the protocols	2302
and guidelines developed by national organizations that represent	2303
pediatric, obstetric, and nursing professionals. The coverage	2304
shall apply to services provided in a medical setting or through	2305
home health care visits. The coverage shall apply to a home	2306
health care visit only if the health care professional who	2307
conducts the visit is knowledgeable and experienced in maternity	2308
and newborn care.	2309

When a decision is made in accordance with division (B) of	2310
this section to discharge a mother or newborn prior to the	2311
expiration of the applicable number of hours of inpatient care	2312
required to be covered, the coverage of follow-up care shall apply	2313
to all follow-up care that is provided within seventy-two hours	2314
after discharge. When a mother or newborn receives at least the	2315
number of hours of inpatient care required to be covered, the	2316
coverage of follow-up care shall apply to follow-up care that is	2317
determined to be medically necessary by the health care	2318
professionals responsible for discharging the mother or newborn.	2319

(B) Any decision to shorten the length of inpatient stay to	2320
less than that specified under division (A)(1) of this section	2321
shall be made by the physician attending the mother or newborn,	2322
except that if a nurse-midwife is attending the mother in	2323
collaboration with a physician, the decision may be made by the	2324
nurse-midwife. Decisions regarding early discharge shall be made	2325
only after conferring with the mother or a person responsible for	2326
the mother or newborn. For purposes of this division, a person	2327
responsible for the mother or newborn may include a parent,	2328
guardian, or any other person with authority to make medical	2329
decisions for the mother or newborn.	2330

(C)(1) No public employer who offers an employee benefit	2331
plan may do either of the following:	2332

(a) Terminate the participation of a health care	2333
professional or health care facility as a provider under the plan	2334
solely for making recommendations for inpatient or follow-up care	2335
for a particular mother or newborn that are consistent with the	2336
care required to be covered by this section;	2337

(b) Establish or offer monetary or other financial	2338
incentives for the purpose of encouraging a person to decline the	2339
inpatient or follow-up care required to be covered by this	2340
section.	2341

(2) Whoever violates division (C)(1)(a) or (b) of this	2342
section has engaged in an unfair and deceptive act or practice in	2343
the business of insurance under sections 3901.19 to 3901.26 of the	2344
Revised Code.	2345

(D) This section does not do any of the following:

2346

(1) Require a plan to cover inpatient or follow-up care that	2347
is not received in accordance with the plan's terms pertaining to	2348
the health care professionals and facilities from which an	2349
individual is authorized to receive health care services;	2350

(2) Require a mother or newborn to stay in a hospital or	2351
other inpatient setting for a fixed period of time following	2352
delivery;	2353

(3) Require a child to be delivered in a hospital or other	2354
inpatient setting;	2355

(4) Authorize a nurse-midwife to practice beyond the	2356
authority to practice nurse-midwifery in accordance with Chapter	2357
4723. of the Revised Code;	2358

(5) Establish minimum standards of medical diagnosis, care,	2359
or treatment for inpatient or follow-up care for a mother or	2360
newborn. A deviation from the care required to be covered under	2361
this section shall not, solely on the basis of this section, give	2362
rise to a medical claim or derivative medical claim, as those	2363
terms are defined in section 2305.112305.113 of the Revised Code.	2364

Sec. 3929.71.  As used in sections 3929.71 to 3929.85 of the	2365
Revised Code, or any rules adopted pursuant thereto:	2366

(A) "Medical malpractice insurance" means insurance coverage	2367
against the legal liability of the insured and against loss,	2368
damage, or expense incident to a claim arising out of the death,	2369
disease, or injury of any person as the result of negligence or	2370
malpractice in rendering professional service by any licensed	2371
physician, podiatrist, or hospital, as those terms are defined in	2372
section 2305.112305.113 of the Revised Code.	2373

(B) "Association" means the nonprofit unincorporated joint	2374
underwriting association established pursuant to section 3929.72	2375
of the Revised Code.	2376

(C) "Net direct premiums" means gross direct premiums	2377
written on liability insurance including the liability component	2378
of multiple peril package policies as computed by the	2379
superintendent of insurance less return premiums or the unused or	2380
unabsorbed portions of premium deposits.	2381

Sec. 5111.018.  (A) The provision of medical assistance	2382
under this chapter shall include coverage of inpatient care and	2383
follow-up care for a mother and her newborn as follows:	2384

(1) The medical assistance program shall cover a minimum of	2385
forty-eight hours of inpatient care following a normal vaginal	2386
delivery and a minimum of ninety-six hours of inpatient care	2387
following a cesarean delivery. Services covered as inpatient care	2388
shall include medical, educational, and any other services that	2389
are consistent with the inpatient care recommended in the	2390
protocols and guidelines developed by national organizations that	2391
represent pediatric, obstetric, and nursing professionals.	2392

(2) The medical assistance program shall cover a	2393
physician-directed source of follow-up care. Services covered as	2394
follow-up care shall include physical assessment of the mother and	2395
newborn, parent education, assistance and training in breast or	2396
bottle feeding, assessment of the home support system, performance	2397
of any medically necessary and appropriate clinical tests, and any	2398
other services that are consistent with the follow-up care	2399
recommended in the protocols and guidelines developed by national	2400
organizations that represent pediatric, obstetric, and nursing	2401
professionals. The coverage shall apply to services provided in a	2402
medical setting or through home health care visits. The coverage	2403
shall apply to a home health care visit only if the health care	2404
professional who conducts the visit is knowledgeable and	2405
experienced in maternity and newborn care.	2406

When a decision is made in accordance with division (B) of	2407
this section to discharge a mother or newborn prior to the	2408
expiration of the applicable number of hours of inpatient care	2409
required to be covered, the coverage of follow-up care shall apply	2410
to all follow-up care that is provided within forty-eight hours	2411
after discharge. When a mother or newborn receives at least the	2412
number of hours of inpatient care required to be covered, the	2413
coverage of follow-up care shall apply to follow-up care that is	2414
determined to be medically necessary by the health care	2415
professionals responsible for discharging the mother or newborn.	2416

(B) Any decision to shorten the length of inpatient stay to	2417
less than that specified under division (A)(1) of this section	2418
shall be made by the physician attending the mother or newborn,	2419
except that if a nurse-midwife is attending the mother in	2420
collaboration with a physician, the decision may be made by the	2421
nurse-midwife. Decisions regarding early discharge shall be made	2422
only after conferring with the mother or a person responsible for	2423
the mother or newborn. For purposes of this division, a person	2424
responsible for the mother or newborn may include a parent,	2425
guardian, or any other person with authority to make medical	2426
decisions for the mother or newborn.	2427

(C) The department of job and family services, in	2428
administering the medical assistance program, may not do either of	2429
the following:	2430

(1) Terminate the participation of a health care	2431
professional or health care facility as a provider under the	2432
program solely for making recommendations for inpatient or	2433
follow-up care for a particular mother or newborn that are	2434
consistent with the care required to be covered by this section;	2435

(2) Establish or offer monetary or other financial	2436
incentives for the purpose of encouraging a person to decline the	2437
inpatient or follow-up care required to be covered by this	2438
section.	2439

(D) This section does not do any of the following:

2440

(1) Require the medical assistance program to cover	2441
inpatient or follow-up care that is not received in accordance	2442
with the program's terms pertaining to the health care	2443
professionals and facilities from which an individual is	2444
authorized to receive health care services.	2445

(2) Require a mother or newborn to stay in a hospital or	2446
other inpatient setting for a fixed period of time following	2447
delivery;	2448

(3) Require a child to be delivered in a hospital or other	2449
inpatient setting;	2450

(4) Authorize a nurse-midwife to practice beyond the	2451
authority to practice nurse-midwifery in accordance with Chapter	2452
4723. of the Revised Code;	2453

(5) Establish minimum standards of medical diagnosis, care,	2454
or treatment for inpatient or follow-up care for a mother or	2455
newborn. A deviation from the care required to be covered under	2456
this section shall not, on the basis of this section, give rise to	2457
a medical claim or derivative medical claim, as those terms are	2458
defined in section 2305.112305.113 of the Revised Code.	2459

Section 2. That existing sections 1751.67, 2117.06, 2305.11,	2460
2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22,	2461
2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64,	2462
3929.71, and 5111.018, and sections 2305.27 and 2323.57	2463
of the Revised Code are hereby repealed.	2464

Section 3. The General Assembly makes the following statement	2465
of findings and intent:	2466

(A) The General Assembly finds:

2467

(1) Medical malpractice litigation represents an increasing	2468
danger to the availability and quality of health care in Ohio.	2469

(2) The number of medical malpractice claims resulting in	2470
payments to plaintiffs has remained relatively constant. However,	2471
the average award to plaintiffs has risen dramatically. Payments	2472
to plaintiffs at or exceeding one million dollars have doubled in	2473
the past three years.	2474

(3) This state has a rational and legitimate state interest	2475
in stabilizing the cost of health care delivery by limiting the	2476
amount of compensatory damages representing noneconomic loss	2477
awards in medical malpractice actions. The overall cost of health	2478
care to the consumer has been driven up by the fact that	2479
malpractice litigation causes health care providers to over	2480
prescribe, over treat, and over test their patients. The General	2481
Assembly bases its finding on this state interest upon the	2482
following evidence:	2483

(a) The Superintendent of Insurance has stated that medical	2484
malpractice insurers' investments are not to blame for the	2485
increase in medical malpractice insurance premiums. The vast	2486
majority of these insurers' assets are invested in bonds and other	2487
fixed income investments, not in stocks. Investment income	2488
declined by less than one per cent from 1996 to 2001.	2489

(b) Many medical malpractice insurers left the Ohio market as	2490
they faced increasing losses, largely as a consequence of rapidly	2491
rising compensatory damages and noneconomic loss awards in medical	2492
malpractice actions. The Department of Insurance reports that	2493
only six admitted carriers continue to actively write coverage in	2494
Ohio at this time.	2495

(c) As insurers have left the market, physicians, hospitals,	2496
and other health care practitioners have had an increasingly	2497
difficult time finding affordable medical malpractice insurance.	2498
Some health care practitioners, including a large number of	2499
specialists, have been forced out of the practice of medicine	2500
altogether as a consequence. The Ohio State Medical Association	2501
reports fifteen per cent of Ohio's physicians are considering or	2502
have already relocated their practices due to rising medical	2503
malpractice insurance costs.	2504

(d) As stated in testimony provided by Lawrence E. Smarr,	2505
President of the Physician Insurers Association of America,	2506
medical malpractice costs have increased even while sixty-one per	2507
cent of all claims filed against individual practitioners are	2508
dropped or dismissed by the court and even while the defendants	2509
win eighty per cent of all claims that are continued through trial	2510
to verdict.	2511

(e) The U.S. Department of Health and Human Services	2512
published a report in 2002 stating that health care practitioners	2513
in states with effective caps on noneconomic damages are	2514
experiencing premium increases in the twelve to fifteen per cent	2515
range, as compared to an average forty-four per cent increase in	2516
states that do not cap noneconomic damage awards.	2517

(4)(a) The distinction among claimants with a permanent	2518
physical functional loss strikes a reasonable balance between	2519
potential plaintiffs and defendants in consideration of the intent	2520
of an award for noneconomic losses, while treating similar	2521
plaintiffs equally, acknowledging that such distinctions do not	2522
limit the award of actual economic damages.	2523

(b) The limits on compensatory damages representing	2524
noneconomic loss as specified in section 2323.43 of the Revised	2525
Code, as enacted by this act, are based on testimony asking the	2526
members of the General Assembly to recognize these distinctions	2527
and stating that the cap amounts are similar to caps on awards	2528
adopted by other states.	2529

(c) In Evans v. State (Sup. Ct. Alaska, August 30, 2002), No.	2530
5618, 2002 Alas. LEXIS 135, one of the issues addressed by the	2531
Alaska Supreme Court is whether the caps on noneconomic and	2532
punitive damages constitute a violation of the right to a trial by	2533
jury granted by the Alaska Constitution and the Seventh Amendment	2534
to the United States Constitution. The Court held that the	2535
damages caps do not violate the constitutional right to a trial by	2536
jury and agreed with the reasoning by the Third Circuit Court of	2537
Appeals in Davis v. Omitowoju (3d Cir. 1989), 883 F.2d 1155, which	2538
interpreted the Seventh Amendment to the United States	2539
Constitution to allow damages caps. The Alaska Supreme Court	2540
relied on the Davis holding that a damages cap did not intrude on	2541
the jury's fact-finding function, because the cap was a "policy	2542
decision" applied after the jury's determination and did not	2543
constitute a re-examination of the factual question of damages.	2544
Evans v. State, supra, at pp. 11-12.	2545

It is the intent of the General Assembly that as a matter of	2546
policy, the limits on compensatory damages for noneconomic loss	2547
are applied after a jury's determination of the factual question	2548
of damages.	2549

(d) A report from the U.S. Department of Health and Human	2550
Services, Update on the Medical Litigation Crisis: Not the Result	2551
of the Insurance Cycle (Sept. 25, 2002), states that among states	2552
that have adopted a two hundred fifty thousand dollar cap on	2553
noneconomic damages are: Indiana, Colorado, California, Nebraska,	2554
Utah, and Montana. These states, as well as others that have	2555
imposed meaningful caps on noneconomic damages, report	2556
significantly lower increases in average premium rates than those	2557
states without caps. Limits on damages have been upheld by other	2558
state supreme courts, as in Fein v. Permanente Medical Group	2559
(1985), 38 Cal.3d 137, 695 P.2d 665, Johnson v. St. Vincent	2560
Hospital, Inc. (1980), 273 Ind. 374, 404 N.E.2d 585, and Evans v.	2561
State, supra.	2562

(5) This legislation does not affect the award of economic	2563
damages, such as for lost wages and medical care.	2564

(6)(a) That a statute of repose on medical, dental,	2565
optometric, and chiropractic claims strikes a rational balance	2566
between the rights of prospective claimants and the rights of	2567
hospitals and health care practitioners;	2568

(b) Over time, the availability of relevant evidence	2569
pertaining to an incident and the availability of witnesses	2570
knowledgeable with respect to the diagnosis, care, or treatment of	2571
a prospective claimant becomes problematic.	2572

(c) The maintenance of records and other documentation	2573
related to the delivery of medical services, for a period of time	2574
in excess of the time period presented in the statute of repose,	2575
presents an unacceptable burden to hospitals and health care	2576
practitioners.	2577

(d) Over time, the standards of care pertaining to various	2578
health care services may change dramatically due to advances being	2579
made in health care, science, and technology, thereby making it	2580
difficult for expert witnesses and triers of fact to discern the	2581
standard of care relevant to the point in time when the relevant	2582
health care services were delivered.	2583

(e) This legislation precludes unfair and unconstitutional	2584
aspects of state litigation but does not affect timely medical	2585
malpractice actions brought to redress legitimate grievances.	2586

(f) This legislation addresses the aspects of current	2587
division (B) of section 2305.11 of the Revised Code, the	2588
application of which was found by the Ohio Supreme Court to be	2589
unconstitutional in Gaines v. Preterm-Cleveland, Inc. (1987), 33	2590
Ohio St.3d 54. In Dunn v. St. Francis Hospital, Inc. (Del. 1982),	2591
401 Atl.2d 77, the Delaware Supreme Court found the Delaware	2592
three-year statute of repose constitutional as not violative of	2593
the Delaware Constitution's open courts provision.	2594

(B) In consideration of these findings, the General Assembly	2595
declares its intent to accomplish all of the following by the	2596
enactment of this act:	2597

(1) To stem the exodus of medical malpractice insurers from	2598
the Ohio market;	2599

(2) To increase the availability of medical malpractice	2600
insurance to Ohio's hospitals, physicians, and other health care	2601
practitioners, thus ensuring the availability of quality health	2602
care for the citizens of this state;	2603

(3) To continue to hold negligent health care providers	2604
accountable for their actions;	2605

(4) To preserve the right of patients to seek legal recourse	2606
for medical malpractice.	2607

(5)(a) To abrogate the common law collateral source rules as	2608
adopted by the Ohio Supreme Court in Pryor v. Webber (1970), 23	2609
Ohio St.2d 104, and reaffirmed in Sorrell v. Thevenir (1994), 69	2610
Ohio St.3d 415;	2611

(b) To address the aspects of former section 2317.45 of the	2612
Revised Code that the Supreme Court found in Sorrell v. Thevenir	2613
(1994), 69 Ohio St.3d 415, May v. Tandy Corp. (1994), 69 Ohio	2614
St.3d 415, and DePew v. Ogella (1994), 69 Ohio St.3d 610, to be	2615
unconstitutional as being violative of the equal protection	2616
provision of Section 2, the right to a trial by jury provision of	2617
Section 5, and the due course of law, right to a remedy, and open	2618
court provision of Section 16 of Article I of the Ohio	2619
Constitution.	2620

(C)(1) The Ohio General Assembly respectfully requests the	2621
Ohio Supreme Court to uphold this intent in the courts of Ohio, to	2622
reconsider its holding on damage caps in State v. Sheward (1999),	2623
Ohio St.3d 451, to reconsider its holding on the deductibility of	2624
collateral source benefits in Sorrel v. Thevenir (1994), 69 Ohio	2625
St.3d 415, and to reconsider its holding on statutes of repose in	2626
Sedar v. Knowlton Constr. Co. (1990), 49 Ohio St.3d 193, thereby	2627
providing health care practitioners with access to affordable	2628
medical malpractice insurance and maintaining the provision of	2629
quality health care in Ohio.	2630

(2) The General Assembly acknowledges the Court's authority	2631
in prescribing rules governing practice and procedure in the	2632
courts of this state as provided by Section 5 of Article IV of the	2633
Ohio Constitution.	2634

Section 4.  (A) There is hereby created the Ohio Medical	2635
Malpractice Commission consisting of nine members. The President	2636
of the Senate shall appoint three of the members, and the Speaker	2637
of the House of Representatives shall appoint three of the	2638
members. The minority leader of the Senate shall appoint one	2639
member and the minority leader of the House of Representatives	2640
shall appoint one member. The Director of the Department of	2641
Insurance or the Director's designee shall be the ninth member of	2642
the Commission. Of the six members appointed by the President of	2643
the Senate and the Speaker of the House of Representatives, one	2644
shall represent the Ohio State Bar Association, one shall	2645
represent the Ohio State Medical Association, and one shall	2646
represent the insurance companies in Ohio, and all of them shall	2647
have expertise in medical malpractice insurance issues.	2648

(B) The Commission shall do all of the following:

2649

(1) Study the effects of this act;

2650

(2) Investigate the problems posed by, and the issues	2651
surrounding, medical malpractice;	2652

(3) Submit a report of its findings to the members of the	2653
General Assembly not later than two years after the effective date	2654
of this act.	2655

(C) Any vacancy in the membership of the Commission shall be	2656
filled in the same manner in which the original appointment was	2657
made.	2658

(D) The members of the Commission shall by majority vote	2659
elect a chairperson from among themselves.	2660

(E) The Department of Insurance shall provide any technical,	2661
professional, and clerical employees that are necessary for the	2662
Commission to perform its duties.	2663

Section 5.  (A)(1) In recognition of the statewide concern	2664
over the rising cost of medical malpractice insurance and the	2665
difficulty that health care practitioners have in locating	2666
affordable medical malpractice insurance, the Superintendent of	2667
Insurance shall study the feasibility of a Patient Compensation	2668
Fund to cover medical malpractice claims, including, but not	2669
limited to the following:	2670

(a) The financial responsibility limits for providers that	2671
are covered in Am. Sub. Senate Bill 281 of the 124th General	2672
Assembly, and the Patient Compensation Fund;	2673

(b) The identification of methods of funding, excluding any	2674
tax on consumers;	2675

(c) The operation and administration of such a fund;

2676

(d) The participation requirements.

2677

(2) The Superintendent shall submit a copy of a preliminary	2678
report by March 3, 2003, with a final report by May 1, 2003, to	2679
the Governor, the Speaker of the Ohio House of Representatives,	2680
the President of the Ohio Senate, and the chairpersons of the	2681
committees of the General Assembly with jurisdiction over issues	2682
relating to medical malpractice liability. The final report shall	2683
include the Superintendent's recommendations for implementing the	2684
Patient's Compensation Fund.	2685

(B) The Superintendent of Insurance shall make	2686
recommendations for the operation of a Patient's Compensation Fund	2687
designed to assist health care practitioners in satisfying medical	2688
malpractice awards above designated amounts. The purpose of the	2689
study shall be to consider the feasibility of the Fund satisfying	2690
that portion of the awards for damages for noneconomic loss under	2691
division (A)(2) of section 2323.43 of the Revised Code resulting	2692
from medical malpractice claims against hospitals, physicians, and	2693
other health care practitioners in excess of three hundred fifty	2694
thousand dollars to a maximum of five hundred thousand dollars.	2695
The recommendations shall also provide for the satisfaction of the	2696
awards for damages for noneconomic loss under division (A)(3) of	2697
section 2323.43 of the Revised Code resulting from medical	2698
malpractice claims against hospitals, physicians, and other health	2699
care practitioners in excess of five hundred thousand dollars to a	2700
maximum of one million dollars.	2701

(C) The Superintendent's recommendations shall include	2702
sources of revenues for the Fund and a mechanism for making, and	2703
the assessment of, claims against the Fund.	2704

Section 6. (A) Sections 1751.67, 2117.06, 2305.11, 2305.15,	2705
2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23,	2706
2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, and	2707
5111.018 of the Revised Code, as amended by this act, and sections	2708
2303.23, 2305.113, 2323.41, 2323.42, 2323.43, and 2323.55 of the	2709
Revised Code, as enacted by this act, apply to civil actions upon	2710
a medical claim, dental claim, optometric claim, or chiropractic	2711
claim in which the act or omission that constitutes the alleged	2712
basis of the claim occurs on or after the effective date of this	2713
act.	2714

(B) As used in this section, "medical claim," "dental	2715
claim," "optometric claim," and "chiropractic claim" have the same	2716
meanings as in section 2305.113 of the Revised Code.	2717

Section 7. If any item of law that constitutes the whole or	2718
part of a section of law contained in this act, or if any	2719
application of any item of law that constitutes the whole or part	2720
of a section of law contained in this act, is held invalid, the	2721
invalidity does not affect other items of law or applications of	2722
items of law that can be given effect without the invalid item of	2723
law or application. To this end, the items of law of which the	2724
sections contained in this act are composed, and their	2725
applications, are independent and severable.	2726

Section 8. If any item of law that constitutes the whole or	2727
part of a section of law contained in this act, or if any	2728
application of any item of law contained in this act, is held to	2729
be preempted by federal law, the preemption of the item of law or	2730
its application does not affect other items of law or applications	2731
that can be given affect. The items of law of which the sections	2732
of this act are composed, and their applications, are independent	2733
and severable.	2734

Section 9.  Section 2117.06 of the Revised Code is presented	2735
in this act as a composite of the section as amended by both Sub.	2736
H.B. 85 and Sub. S.B. 108 of the 124th General Assembly. The	2737
General Assembly, applying the principle stated in division (B) of	2738
section 1.52 of the Revised Code that amendments are to be	2739
harmonized if reasonably capable of simultaneous operation, finds	2740
that the composite is the resulting version of the section in	2741
effect prior to the effective date of the section as presented in	2742
this act.	2743