SENATORS Goodman, Coughlin, Randy Gardner, Nein, Wachtmann, Mead, Hottinger, Harris, Spada

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, 4705.15, and

4

5111.018, to enact sections 2305.113, 2323.41,

5

2323.43, and 2323.55, and to repeal sections

6

2305.27 and 2323.57 of the Revised Code relative to

7

medical claims, dental claims, optometric claims,

8

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,	12
4705.15, and 5111.018 be amended and sections 2305.113, 2323.41,	13
2323.43, and 2323.55 of the Revised Code be enacted to read as	14
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. 2305.11.  (A) An action for libel, slander, malicious	188
prosecution, or false imprisonment, an action for malpractice	189
other than an action upon a medical, dental, optometric, or	190
chiropractic claim, or an action upon a statute for a penalty or	191
forfeiture shall be commenced within one year after the cause of	192
action accrued, provided that an action by an employee for the	193
payment of unpaid minimum wages, unpaid overtime compensation, or	194
liquidated damages by reason of the nonpayment of minimum wages or	195
overtime compensation shall be commenced within two years after	196
the cause of action accrued.	197

(B)(1) Subject to division (B)(2) of this section, an action	198
upon a medical, dental, optometric, or chiropractic claim shall be	199
commenced within one year after the cause of action accrued,	200
except that, if prior to the expiration of that one-year period, a	201
claimant who allegedly possesses a medical, dental, optometric, or	202
chiropractic claim gives to the person who is the subject of that	203
claim written notice that the claimant is considering bringing an	204
action upon that claim, that action may be commenced against the	205
person notified at any time within one hundred eighty days after	206
the notice is so given.	207

(2) Except as to persons within the age of minority or of	208
unsound mind, as provided by section 2305.16 of the Revised Code:	209

(a) In no event shall any action upon a medical, dental,	210
optometric, or chiropractic claim be commenced more than four	211
years after the occurrence of the act or omission constituting the	212
alleged basis of the medical, dental, optometric, or chiropractic	213
claim.	214

(b) If an action upon a medical, dental, optometric, or	215
chiropractic claim is not commenced within four years after the	216
occurrence of the act or omission constituting the alleged basis	217
of the medical, dental, optometric, or chiropractic claim, then,	218
notwithstanding the time when the action is determined to accrue	219
under division (B)(1) of this section, any action upon that claim	220
is barred.	221

(C) A civil action for unlawful abortion pursuant to section	222
2919.12 of the Revised Code, a civil action authorized by division	223
(H) of section 2317.56 of the Revised Code, a civil action	224
pursuant to division (B)(1) or (2) of section 2307.51 of the	225
Revised Code for performing a dilation and extraction procedure or	226
attempting to perform a dilation and extraction procedure in	227
violation of section 2919.15 of the Revised Code, and a civil	228
action pursuant to division (B)(1) or (2) of section 2307.52 of	229
the Revised Code for terminating or attempting to terminate a	230
human pregnancy after viability in violation of division (A) or	231
(B) of section 2919.17 of the Revised Code shall be commenced	232
within one year after the performance or inducement of the	233
abortion, within one year after the attempt to perform or induce	234
the abortion in violation of division (A) or (B) of section	235
2919.17 of the Revised Code, within one year after the performance	236
of the dilation and extraction procedure, or, in the case of a	237
civil action pursuant to division (B)(2) of section 2307.51 of the	238
Revised Code, within one year after the attempt to perform the	239
dilation and extraction procedure.	240

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

241

(1) "Hospital" includes any person, corporation, association,	242
board, or authority that is responsible for the operation of any	243
hospital licensed or registered in the state, including, but not	244
limited to, those which are owned or operated by the state,	245
political subdivisions, any person, any corporation, or any	246
combination thereof. "Hospital" also includes any person,	247
corporation, association, board, entity, or authority that is	248
responsible for the operation of any clinic that employs a	249
full-time staff of physicians practicing in more than one	250
recognized medical specialty and rendering advice, diagnosis,	251
care, and treatment to individuals. "Hospital" does not include	252
any hospital operated by the government of the United States or	253
any of its branches.	254

(2) "Physician" means a person who is licensed to practice	255
medicine and surgery or osteopathic medicine and surgery by the	256
state medical board or a person who otherwise is authorized to	257
practice medicine and surgery or osteopathic medicine and surgery	258
in this state.	259

(3) "Medical claim" means any claim that is asserted in any	260
civil action against a physician, podiatrist, or hospital, against	261
any employee or agent of a physician, podiatrist, or hospital, or	262
against a registered nurse or physical therapist, and that arises	263
out of the medical diagnosis, care, or treatment of any person.	264
"Medical claim" includes derivative claims for relief that arise	265
from the medical diagnosis, care, or treatment of a person.	266

(4) "Podiatrist" means any person who is licensed to practice	267
podiatric medicine and surgery by the state medical board.	268

(5) "Dentist" means any person who is licensed to practice	269
dentistry by the state dental board.	270

(6) "Dental claim" means any claim that is asserted in any	271
civil action against a dentist, or against any employee or agent	272
of a dentist, and that arises out of a dental operation or the	273
dental diagnosis, care, or treatment of any person. "Dental claim"	274
includes derivative claims for relief that arise from a dental	275
operation or the dental diagnosis, care, or treatment of a person.	276

(7) "Derivative claims for relief" include, but are not	277
limited to, claims of a parent, guardian, custodian, or spouse of	278
an individual who was the subject of any medical diagnosis, care,	279
or treatment, dental diagnosis, care, or treatment, dental	280
operation, optometric diagnosis, care, or treatment, or	281
chiropractic diagnosis, care, or treatment, that arise from that	282
diagnosis, care, treatment, or operation, and that seek the	283
recovery of damages for any of the following:	284

(a) Loss of society, consortium, companionship, care,	285
assistance, attention, protection, advice, guidance, counsel,	286
instruction, training, or education, or any other intangible loss	287
that was sustained by the parent, guardian, custodian, or spouse;	288

(b) Expenditures of the parent, guardian, custodian, or	289
spouse for medical, dental, optometric, or chiropractic care or	290
treatment, for rehabilitation services, or for other care,	291
treatment, services, products, or accommodations provided to the	292
individual who was the subject of the medical diagnosis, care, or	293
treatment, the dental diagnosis, care, or treatment, the dental	294
operation, the optometric diagnosis, care, or treatment, or the	295
chiropractic diagnosis, care, or treatment.	296

(8) "Registered nurse" means any person who is licensed to	297
practice nursing as a registered nurse by the state board of	298
nursing.	299

(9) "Chiropractic claim" means any claim that is asserted in	300
any civil action against a chiropractor, or against any employee	301
or agent of a chiropractor, and that arises out of the	302
chiropractic diagnosis, care, or treatment of any person.	303
"Chiropractic claim" includes derivative claims for relief that	304
arise from the chiropractic diagnosis, care, or treatment of a	305
person.	306

(10) "Chiropractor" means any person who is licensed to	307
practice chiropractic by the chiropractic examining board.	308

(11) "Optometric claim" means any claim that is asserted in	309
any civil action against an optometrist, or against any employee	310
or agent of an optometrist, and that arises out of the optometric	311
diagnosis, care, or treatment of any person. "Optometric claim"	312
includes derivative claims for relief that arise from the	313
optometric diagnosis, care, or treatment of a person.	314

(12) "Optometrist" means any person licensed to practice	315
optometry by the state board of optometry.	316

(13) "Physical therapist" means any person who is licensed to	317
practice physical therapy under Chapter 4755. of the Revised Code,	318
"medical claim," "dental claim," "optometric claim," and	319
"chiropractic claim" have the same meanings as in section 2305.113	320
of the Revised Code.	321

Sec. 2305.113. (A) Except as otherwise provided in this	322
section, an action upon a medical, dental, optometric, or	323
chiropractic claim shall be commenced within one year after the	324
cause of action accrued.	325

(B)(1) No action based upon a medical, dental, optometric,	326
or chiropractic claim shall be commenced unless the person whose	327
act or omission is the basis of that claim has been given at least	328
ninety days' prior written notice of the intention to commence the	329
action.	330

(2) The written notice required by division (B)(1) of this	331
section shall notify the person whose act or omission is the basis	332
of the claim of the legal basis of the claim, the type of loss	333
sustained, and with specificity the nature of the injuries	334
suffered.	335

(3) If the written notice required by division (B)(1) of	336
this section is served within ninety days prior to the expiration	337
of the statute of limitations described in division (A) of this	338
section, the time for the commencement of the action shall be	339
extended ninety days from the date of the service of the notice.	340

(C) Except as to persons within the age of minority or of	341
unsound mind, as provided by section 2305.16 of the Revised Code,	342
both of the following apply:	343

(1) No action upon a medical, dental, optometric, or	344
chiropractic claim shall be commenced more than three years after	345
the occurrence of the act or omission constituting the alleged	346
basis of the medical, dental, optometric, or chiropractic claim.	347

(2) If an action upon a medical, dental, optometric, or	348
chiropractic claim is not commenced within three years after the	349
occurrence of the act or omission constituting the alleged basis	350
of the medical, dental, optometric, or chiropractic claim, then,	351
notwithstanding the time when the action is determined to accrue	352
under division (A) or (B) of this section, any action upon that	353
claim is barred.	354

(D) As used in this section:

355

(1) "Hospital" includes any person, corporation,	356
association, board, or authority that is responsible for the	357
operation of any hospital licensed or registered in the state,	358
including, but not limited to, those that are owned or operated by	359
the state, political subdivisions, any person, any corporation, or	360
any combination of the state, political subdivisions, persons, and	361
corporations. "Hospital" also includes any person, corporation,	362
association, board, entity, or authority that is responsible for	363
the operation of any clinic that employs a full-time staff of	364
physicians practicing in more than one recognized medical	365
specialty and rendering advice, diagnosis, care, and treatment to	366
individuals. "Hospital" does not include any hospital operated by	367
the government of the United States or any of its branches.	368

(2) "Physician" means a person who is licensed to practice	369
medicine and surgery or osteopathic medicine and surgery by the	370
state medical board or a person who otherwise is authorized to	371
practice medicine and surgery or osteopathic medicine and surgery	372
in this state.	373

(3) "Medical claim" means any claim that is asserted in any	374
civil action against a physician, podiatrist, or hospital, against	375
any employee or agent of a physician, podiatrist, or hospital, or	376
against a registered nurse or physical therapist and that arises	377
out of the medical diagnosis, care, or treatment of any person.	378
"Medical claim" includes derivative claims for relief that arise	379
from the medical diagnosis, care, or treatment of a person.	380

(4) "Podiatrist" means any person who is licensed to practice	381
podiatric medicine and surgery by the state medical board.	382

(5) "Dentist" means any person who is licensed to practice	383
dentistry by the state dental board.	384

(6) "Dental claim" means any claim that is asserted in any	385
civil action against a dentist, or against any employee or agent	386
of a dentist, and that arises out of a dental operation or the	387
dental diagnosis, care, or treatment of any person. "Dental claim"	388
includes derivative claims for relief that arise from a dental	389
operation or the dental diagnosis, care, or treatment of a person.	390

(7) "Derivative claims for relief" include, but are not	391
limited to, claims of a parent, guardian, custodian, or spouse of	392
an individual who was the subject of any medical diagnosis, care,	393
or treatment, dental diagnosis, care, or treatment, dental	394
operation, optometric diagnosis, care, or treatment, or	395
chiropractic diagnosis, care, or treatment, that arise from that	396
diagnosis, care, treatment, or operation, and that seek the	397
recovery of damages for any of the following:	398

(a) Loss of society, consortium, companionship, care,	399
assistance, attention, protection, advice, guidance, counsel,	400
instruction, training, or education, or any other intangible loss	401
that was sustained by the parent, guardian, custodian, or spouse;	402

(b) Expenditures of the parent, guardian, custodian, or	403
spouse for medical, dental, optometric, or chiropractic care or	404
treatment, for rehabilitation services, or for other care,	405
treatment, services, products, or accommodations provided to the	406
individual who was the subject of the medical diagnosis, care, or	407
treatment, the dental diagnosis, care, or treatment, the dental	408
operation, the optometric diagnosis, care, or treatment, or the	409
chiropractic diagnosis, care, or treatment.	410

(8) "Registered nurse" means any person who is licensed to	411
practice nursing as a registered nurse by the state board of	412
nursing.	413

(9) "Chiropractic claim" means any claim that is asserted in	414
any civil action against a chiropractor, or against any employee	415
or agent of a chiropractor, and that arises out of the	416
chiropractic diagnosis, care, or treatment of any person.	417
"Chiropractic claim" includes derivative claims for relief that	418
arise from the chiropractic diagnosis, care, or treatment of a	419
person.	420

(10) "Chiropractor" means any person who is licensed to	421
practice chiropractic by the chiropractic examining board.	422

(11) "Optometric claim" means any claim that is asserted in	423
any civil action against an optometrist, or against any employee	424
or agent of an optometrist, and that arises out of the optometric	425
diagnosis, care, or treatment of any person. "Optometric claim"	426
includes derivative claims for relief that arise from the	427
optometric diagnosis, care, or treatment of a person.	428

(12) "Optometrist" means any person licensed to practice	429
optometry by the state board of optometry.	430

(13) "Physical therapist" means any person who is licensed to	431
practice physical therapy under Chapter 4755. of the Revised Code.	432

Sec. 2305.15.  (A) When a cause of action accrues against a	433
person, if hethe person is out of the state, has absconded, or	434
conceals himselfself, the period of limitation for the	435
commencement of the action as provided in sections 2305.04 to	436
2305.14, 1302.98, and 1304.35 of the Revised Code does not begin	437
to run until hethe person comes into the state or while hethe	438
person is so absconded or concealed. After the cause of action	439
accrues if hethe person departs from the state, absconds, or	440
conceals himselfself, the time of histhe person's absence or	441
concealment shall not be computed as any part of a period within	442
which the action must be brought.	443

(B) When a person is imprisoned for the commission of any	444
offense, the time of histhe person's imprisonment shall not be	445
computed as any part of any period of limitation, as provided in	446
section 2305.09, 2305.10, 2305.11, 2305.113, or 2305.14 of the	447
Revised Code, within which any person must bring any action	448
against the imprisoned person.	449

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

450

(1) "Chiropractic claim," "medical claim," and "optometric	451
claim" have the same meanings as in section 2305.112305.113 of	452
the Revised Code.	453

(2) "Dental claim" has the same meaning as in section 2305.11	454
2305.113 of the Revised Code, except that it does not include any	455
claim arising out of a dental operation or any derivative claim	456
for relief that arises out of a dental operation.	457

(3) "Governmental health care program" has the same meaning	458
as in section 4731.65 of the Revised Code.	459

(4) "Health care professional" means any of the following who	460
provide medical, dental, or other health-related diagnosis, care,	461
or treatment:	462

(a) Physicians authorized under Chapter 4731. of the Revised	463
Code to practice medicine and surgery or osteopathic medicine and	464
surgery;	465

(b) Registered nurses and licensed practical nurses licensed	466
under Chapter 4723. of the Revised Code;	467

(c) Physician assistants authorized to practice under	468
Chapter 4730. of the Revised Code;	469

(d) Dentists and dental hygienists licensed under Chapter	470
4715. of the Revised Code;	471

(e) Physical therapists licensed under Chapter 4755. of the	472
Revised Code;	473

(f) Chiropractors licensed under Chapter 4734. of the	474
Revised Code;	475

(g) Optometrists licensed under Chapter 4725. of the Revised	476
Code;	477

(h) Podiatrists authorized under Chapter 4731. of the	478
Revised Code to practice podiatry;	479

(i) Dietitians licensed under Chapter 4759. of the Revised	480
Code;	481

(j) Pharmacists licensed under Chapter 4729. of the Revised	482
Code.	483

(5) "Health care worker" means a person other than a health	484
care professional who provides medical, dental, or other	485
health-related care or treatment under the direction of a health	486
care professional with the authority to direct that individual's	487
activities, including medical technicians, medical assistants,	488
dental assistants, orderlies, aides, and individuals acting in	489
similar capacities.	490

(6) "Indigent and uninsured person" means a person who meets	491
all of the following requirements:	492

(a) The person's income is not greater than one hundred	493
fifty per cent of the current poverty line as defined by the	494
United States office of management and budget and revised in	495
accordance with section 673(2) of the "Omnibus Budget	496
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	497
amended.	498

(b) The person is not eligible to receive medical assistance	499
under Chapter 5111., disability assistance medical assistance	500
under Chapter 5115. of the Revised Code, or assistance under any	501
other governmental health care program.	502

(c) Either of the following applies:

503

(i) The person is not a policyholder, certificate holder,	504
insured, contract holder, subscriber, enrollee, member,	505
beneficiary, or other covered individual under a health insurance	506
or health care policy, contract, or plan.	507

(ii) The person is a policyholder, certificate holder,	508
insured, contract holder, subscriber, enrollee, member,	509
beneficiary, or other covered individual under a health insurance	510
or health care policy, contract, or plan, but the insurer, policy,	511
contract, or plan denies coverage or is the subject of insolvency	512
or bankruptcy proceedings in any jurisdiction.	513

(7) "Operation" means any procedure that involves cutting or	514
otherwise infiltrating human tissue by mechanical means, including	515
surgery, laser surgery, ionizing radiation, therapeutic	516
ultrasound, or the removal of intraocular foreign bodies.	517
"Operation" does not include the administration of medication by	518
injection, unless the injection is administered in conjunction	519
with a procedure infiltrating human tissue by mechanical means	520
other than the administration of medicine by injection.	521

(8) "Nonprofit shelter or health care facility" means a	522
charitable nonprofit corporation organized and operated pursuant	523
to Chapter 1702. of the Revised Code, or any charitable	524
organization not organized and not operated for profit, that	525
provides shelter, health care services, or shelter and health care	526
services to indigent and uninsured persons, except that "shelter	527
or health care facility" does not include a hospital as defined in	528
section 3727.01 of the Revised Code, a facility licensed under	529
Chapter 3721. of the Revised Code, or a medical facility that is	530
operated for profit.	531

(9) "Tort action" means a civil action for damages for	532
injury, death, or loss to person or property other than a civil	533
action for damages for a breach of contract or another agreement	534
between persons or government entities.	535

(10) "Volunteer" means an individual who provides any	536
medical, dental, or other health-care related diagnosis, care, or	537
treatment without the expectation of receiving and without receipt	538
of any compensation or other form of remuneration from an indigent	539
and uninsured person, another person on behalf of an indigent and	540
uninsured person, any shelter or health care facility, or any	541
other person or government entity.	542

(B)(1) Subject to divisions (E) and (F)(3) of this section,	543
a health care professional who is a volunteer and complies with	544
division (B)(2) of this section is not liable in damages to any	545
person or government entity in a tort or other civil action,	546
including an action on a medical, dental, chiropractic,	547
optometric, or other health-related claim, for injury, death, or	548
loss to person or property that allegedly arises from an action or	549
omission of the volunteer in the provision at a nonprofit shelter	550
or health care facility to an indigent and uninsured person of	551
medical, dental, or other health-related diagnosis, care, or	552
treatment, including the provision of samples of medicine and	553
other medical products, unless the action or omission constitutes	554
willful or wanton misconduct.	555

(2) To qualify for the immunity described in division (B)(1)	556
of this section, a health care professional shall do all of the	557
following prior to providing diagnosis, care, or treatment:	558

(a) Determine, in good faith, that the indigent and	559
uninsured person is mentally capable of giving informed consent to	560
the provision of the diagnosis, care, or treatment and is not	561
subject to duress or under undue influence;	562

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

563

(c) Obtain the informed consent of the person and a written	564
waiver, signed by the person or by another individual on behalf of	565
and in the presence of the person, that states that the person is	566
mentally competent to give informed consent and, without being	567
subject to duress or under undue influence, gives informed consent	568
to the provision of the diagnosis, care, or treatment subject to	569
the provisions of this section.	570

(3) A physician or podiatrist who is not covered by medical	571
malpractice insurance, but complies with division (B)(2) of this	572
section, is not required to comply with division (A) of section	573
4731.143 of the Revised Code.	574

(C) Subject to divisions (E) and (F)(3) of this section,	575
health care workers who are volunteers are not liable in damages	576
to any person or government entity in a tort or other civil	577
action, including an action upon a medical, dental, chiropractic,	578
optometric, or other health-related claim, for injury, death, or	579
loss to person or property that allegedly arises from an action or	580
omission of the health care worker in the provision at a nonprofit	581
shelter or health care facility to an indigent and uninsured	582
person of medical, dental, or other health-related diagnosis,	583
care, or treatment, unless the action or omission constitutes	584
willful or wanton misconduct.	585

(D) Subject to divisions (E) and (F)(3) of this section and	586
section 3701.071 of the Revised Code, a nonprofit shelter or	587
health care facility associated with a health care professional	588
described in division (B)(1) of this section or a health care	589
worker described in division (C) of this section is not liable in	590
damages to any person or government entity in a tort or other	591
civil action, including an action on a medical, dental,	592
chiropractic, optometric, or other health-related claim, for	593
injury, death, or loss to person or property that allegedly arises	594
from an action or omission of the health care professional or	595
worker in providing for the shelter or facility medical, dental,	596
or other health-related diagnosis, care, or treatment to an	597
indigent and uninsured person, unless the action or omission	598
constitutes willful or wanton misconduct.	599

(E)(1) Except as provided in division (E)(2) of this	600
section, the immunities provided by divisions (B), (C), and (D) of	601
this section are not available to an individual or to a nonprofit	602
shelter or health care facility if, at the time of an alleged	603
injury, death, or loss to person or property, the individuals	604
involved are providing one of the following:	605

(a) Any medical, dental, or other health-related diagnosis,	606
care, or treatment pursuant to a community service work order	607
entered by a court under division (F) of section 2951.02 of the	608
Revised Code as a condition of probation or other suspension of a	609
term of imprisonment or imposed by a court as a community control	610
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	611
Code.	612

(b) Performance of an operation.

613

(c) Delivery of a baby.

614

(2) Division (E)(1) of this section does not apply to an	615
individual who provides, or a nonprofit shelter or health care	616
facility at which the individual provides, diagnosis, care, or	617
treatment that is necessary to preserve the life of a person in a	618
medical emergency.	619

(F)(1) This section does not create a new cause of action or	620
substantive legal right against a health care professional, health	621
care worker, or nonprofit shelter or health care facility.	622

(2) This section does not affect any immunities from civil	623
liability or defenses established by another section of the	624
Revised Code or available at common law to which an individual or	625
a nonprofit shelter or health care facility may be entitled in	626
connection with the provision of emergency or other diagnosis,	627
care, or treatment.	628

(3) This section does not grant an immunity from tort or	629
other civil liability to an individual or a nonprofit shelter or	630
health care facility for actions that are outside the scope of	631
authority of health care professionals or health care workers.	632

(4) This section does not affect any legal responsibility of	633
a health care professional or health care worker to comply with	634
any applicable law of this state or rule of an agency of this	635
state.	636

(5) This section does not affect any legal responsibility of	637
a nonprofit shelter or health care facility to comply with any	638
applicable law of this state, rule of an agency of this state, or	639
local code, ordinance, or regulation that pertains to or regulates	640
building, housing, air pollution, water pollution, sanitation,	641
health, fire, zoning, or safety.	642

Sec. 2317.02.  The following persons shall not testify in	643
certain respects:	644

(A) An attorney, concerning a communication made to the	645
attorney by a client in that relation or the attorney's advice to	646
a client, except that the attorney may testify by express consent	647
of the client or, if the client is deceased, by the express	648
consent of the surviving spouse or the executor or administrator	649
of the estate of the deceased client and except that, if the	650
client voluntarily testifies or is deemed by section 2151.421 of	651
the Revised Code to have waived any testimonial privilege under	652
this division, the attorney may be compelled to testify on the	653
same subject;	654

(B)(1) A physician or a dentist concerning a communication	655
made to the physician or dentist by a patient in that relation or	656
the physician's or dentist's advice to a patient, except as	657
otherwise provided in this division, division (B)(2), and division	658
(B)(3) of this section, and except that, if the patient is deemed	659
by section 2151.421 of the Revised Code to have waived any	660
testimonial privilege under this division, the physician may be	661
compelled to testify on the same subject.	662

The testimonial privilege established under this division	663
does not apply, and a physician or dentist may testify or may be	664
compelled to testify, in any of the following circumstances:	665

(a) In any civil action, in accordance with the discovery	666
provisions of the Rules of Civil Procedure in connection with a	667
civil action, or in connection with a claim under Chapter 4123. of	668
the Revised Code, under any of the following circumstances:	669

(i) If the patient or the guardian or other legal	670
representative of the patient gives express consent;	671

(ii) If the patient is deceased, the spouse of the patient	672
or the executor or administrator of the patient's estate gives	673
express consent;	674

(iii) If a medical claim, dental claim, chiropractic claim,	675
or optometric claim, as defined in section 2305.112305.113 of the	676
Revised Code, an action for wrongful death, any other type of	677
civil action, or a claim under Chapter 4123. of the Revised Code	678
is filed by the patient, the personal representative of the estate	679
of the patient if deceased, or the patient's guardian or other	680
legal representative.	681

(b) In any civil action concerning court-ordered treatment	682
or services received by a patient, if the court-ordered treatment	683
or services were ordered as part of a case plan journalized under	684
section 2151.412 of the Revised Code or the court-ordered	685
treatment or services are necessary or relevant to dependency,	686
neglect, or abuse or temporary or permanent custody proceedings	687
under Chapter 2151. of the Revised Code.	688

(c) In any criminal action concerning any test or the	689
results of any test that determines the presence or concentration	690
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	691
patient's blood, breath, urine, or other bodily substance at any	692
time relevant to the criminal offense in question.	693

(d) In any criminal action against a physician or dentist.	694
In such an action, the testimonial privilege established under	695
this division does not prohibit the admission into evidence, in	696
accordance with the Rules of Evidence, of a patient's medical or	697
dental records or other communications between a patient and the	698
physician or dentist that are related to the action and obtained	699
by subpoena, search warrant, or other lawful means. A court that	700
permits or compels a physician or dentist to testify in such an	701
action or permits the introduction into evidence of patient	702
records or other communications in such an action shall require	703
that appropriate measures be taken to ensure that the	704
confidentiality of any patient named or otherwise identified in	705
the records is maintained. Measures to ensure confidentiality	706
that may be taken by the court include sealing its records or	707
deleting specific information from its records.	708

(2)(a) If any law enforcement officer submits a written	709
statement to a health care provider that states that an official	710
criminal investigation has begun regarding a specified person or	711
that a criminal action or proceeding has been commenced against a	712
specified person, that requests the provider to supply to the	713
officer copies of any records the provider possesses that pertain	714
to any test or the results of any test administered to the	715
specified person to determine the presence or concentration of	716
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	717
person's blood, breath, or urine at any time relevant to the	718
criminal offense in question, and that conforms to section	719
2317.022 of the Revised Code, the provider, except to the extent	720
specifically prohibited by any law of this state or of the United	721
States, shall supply to the officer a copy of any of the requested	722
records the provider possesses. If the health care provider does	723
not possess any of the requested records, the provider shall give	724
the officer a written statement that indicates that the provider	725
does not possess any of the requested records.	726

(b) If a health care provider possesses any records of the	727
type described in division (B)(2)(a) of this section regarding the	728
person in question at any time relevant to the criminal offense in	729
question, in lieu of personally testifying as to the results of	730
the test in question, the custodian of the records may submit a	731
certified copy of the records, and, upon its submission, the	732
certified copy is qualified as authentic evidence and may be	733
admitted as evidence in accordance with the Rules of Evidence.	734
Division (A) of section 2317.422 of the Revised Code does not	735
apply to any certified copy of records submitted in accordance	736
with this division. Nothing in this division shall be construed	737
to limit the right of any party to call as a witness the person	738
who administered the test to which the records pertain, the person	739
under whose supervision the test was administered, the custodian	740
of the records, the person who made the records, or the person	741
under whose supervision the records were made.	742

(3)(a) If the testimonial privilege described in division	743
(B)(1) of this section does not apply as provided in division	744
(B)(1)(a)(iii) of this section, a physician or dentist may be	745
compelled to testify or to submit to discovery under the Rules of	746
Civil Procedure only as to a communication made to the physician	747
or dentist by the patient in question in that relation, or the	748
physician's or dentist's advice to the patient in question, that	749
related causally or historically to physical or mental injuries	750
that are relevant to issues in the medical claim, dental claim,	751
chiropractic claim, or optometric claim, action for wrongful	752
death, other civil action, or claim under Chapter 4123. of the	753
Revised Code.	754

(b) If the testimonial privilege described in division	755
(B)(1) of this section does not apply to a physician or dentist as	756
provided in division (B)(1)(c) of this section, the physician or	757
dentist, in lieu of personally testifying as to the results of the	758
test in question, may submit a certified copy of those results,	759
and, upon its submission, the certified copy is qualified as	760
authentic evidence and may be admitted as evidence in accordance	761
with the Rules of Evidence. Division (A) of section 2317.422 of	762
the Revised Code does not apply to any certified copy of results	763
submitted in accordance with this division. Nothing in this	764
division shall be construed to limit the right of any party to	765
call as a witness the person who administered the test in	766
question, the person under whose supervision the test was	767
administered, the custodian of the results of the test, the person	768
who compiled the results, or the person under whose supervision	769
the results were compiled.	770

(4) The testimonial privilege described in division (B)(1)	771
of this section is not waived when a communication is made by a	772
physician to a pharmacist or when there is communication between a	773
patient and a pharmacist in furtherance of the physician-patient	774
relation.	775

(5)(a) As used in divisions (B)(1) to (4) of this section,	776
"communication" means acquiring, recording, or transmitting any	777
information, in any manner, concerning any facts, opinions, or	778
statements necessary to enable a physician or dentist to diagnose,	779
treat, prescribe, or act for a patient. A "communication" may	780
include, but is not limited to, any medical or dental, office, or	781
hospital communication such as a record, chart, letter,	782
memorandum, laboratory test and results, x-ray, photograph,	783
financial statement, diagnosis, or prognosis.	784

(b) As used in division (B)(2) of this section, "health care	785
provider" means a hospital, ambulatory care facility, long-term	786
care facility, pharmacy, emergency facility, or health care	787
practitioner.	788

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

789

(i) "Ambulatory care facility" means a facility that provides	790
medical, diagnostic, or surgical treatment to patients who do not	791
require hospitalization, including a dialysis center, ambulatory	792
surgical facility, cardiac catheterization facility, diagnostic	793
imaging center, extracorporeal shock wave lithotripsy center, home	794
health agency, inpatient hospice, birthing center, radiation	795
therapy center, emergency facility, and an urgent care center.	796
"Ambulatory health care facility" does not include the private	797
office of a physician or dentist, whether the office is for an	798
individual or group practice.	799

(ii) "Emergency facility" means a hospital emergency	800
department or any other facility that provides emergency medical	801
services.	802

(iii) "Health care practitioner" has the same meaning as in	803
section 4769.01 of the Revised Code.	804

(iv) "Hospital" has the same meaning as in section 3727.01 of	805
the Revised Code.	806

(v) "Long-term care facility" means a nursing home,	807
residential care facility, or home for the aging, as those terms	808
are defined in section 3721.01 of the Revised Code; an adult care	809
facility, as defined in section 3722.01 of the Revised Code; a	810
nursing facility or intermediate care facility for the mentally	811
retarded, as those terms are defined in section 5111.20 of the	812
Revised Code; a facility or portion of a facility certified as a	813
skilled nursing facility under Title XVIII of the "Social Security	814
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	815

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	816
the Revised Code.	817

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	818
apply to doctors of medicine, doctors of osteopathic medicine,	819
doctors of podiatry, and dentists.	820

(7) Nothing in divisions (B)(1) to (6) of this section	821
affects, or shall be construed as affecting, the immunity from	822
civil liability conferred by section 307.628 or 2305.33 of the	823
Revised Code upon physicians who report an employee's use of a	824
drug of abuse, or a condition of an employee other than one	825
involving the use of a drug of abuse, to the employer of the	826
employee in accordance with division (B) of that section. As used	827
in division (B)(7) of this section, "employee," "employer," and	828
"physician" have the same meanings as in section 2305.33 of the	829
Revised Code.	830

(C) A member of the clergy, rabbi, priest, or regularly	831
ordained, accredited, or licensed minister of an established and	832
legally cognizable church, denomination, or sect, when the member	833
of the clergy, rabbi, priest, or minister remains accountable to	834
the authority of that church, denomination, or sect, concerning a	835
confession made, or any information confidentially communicated,	836
to the member of the clergy, rabbi, priest, or minister for a	837
religious counseling purpose in the member of the clergy's,	838
rabbi's, priest's, or minister's professional character; however,	839
the member of the clergy, rabbi, priest, or minister may testify	840
by express consent of the person making the communication, except	841
when the disclosure of the information is in violation of a sacred	842
trust;	843

(D) Husband or wife, concerning any communication made by	844
one to the other, or an act done by either in the presence of the	845
other, during coverture, unless the communication was made, or act	846
done, in the known presence or hearing of a third person competent	847
to be a witness; and such rule is the same if the marital relation	848
has ceased to exist;	849

(E) A person who assigns a claim or interest, concerning any	850
matter in respect to which the person would not, if a party, be	851
permitted to testify;	852

(F) A person who, if a party, would be restricted under	853
section 2317.03 of the Revised Code, when the property or thing is	854
sold or transferred by an executor, administrator, guardian,	855
trustee, heir, devisee, or legatee, shall be restricted in the	856
same manner in any action or proceeding concerning the property or	857
thing.	858

(G)(1) A school guidance counselor who holds a valid	859
educator license from the state board of education as provided for	860
in section 3319.22 of the Revised Code, a person licensed under	861
Chapter 4757. of the Revised Code as a professional clinical	862
counselor, professional counselor, social worker, or independent	863
social worker, or registered under Chapter 4757. of the Revised	864
Code as a social work assistant concerning a confidential	865
communication received from a client in that relation or the	866
person's advice to a client unless any of the following applies:	867

(a) The communication or advice indicates clear and present	868
danger to the client or other persons. For the purposes of this	869
division, cases in which there are indications of present or past	870
child abuse or neglect of the client constitute a clear and	871
present danger.	872

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

873

(c) If the client is deceased, the surviving spouse or the	874
executor or administrator of the estate of the deceased client	875
gives express consent.	876

(d) The client voluntarily testifies, in which case the	877
school guidance counselor or person licensed or registered under	878
Chapter 4757. of the Revised Code may be compelled to testify on	879
the same subject.	880

(e) The court in camera determines that the information	881
communicated by the client is not germane to the counselor-client	882
or social worker-client relationship.	883

(f) A court, in an action brought against a school, its	884
administration, or any of its personnel by the client, rules after	885
an in-camera inspection that the testimony of the school guidance	886
counselor is relevant to that action.	887

(g) The testimony is sought in a civil action and concerns	888
court-ordered treatment or services received by a patient as part	889
of a case plan journalized under section 2151.412 of the Revised	890
Code or the court-ordered treatment or services are necessary or	891
relevant to dependency, neglect, or abuse or temporary or	892
permanent custody proceedings under Chapter 2151. of the Revised	893
Code.	894

(2) Nothing in division (G)(1) of this section shall relieve	895
a school guidance counselor or a person licensed or registered	896
under Chapter 4757. of the Revised Code from the requirement to	897
report information concerning child abuse or neglect under section	898
2151.421 of the Revised Code.	899

(H) A mediator acting under a mediation order issued under	900
division (A) of section 3109.052 of the Revised Code or otherwise	901
issued in any proceeding for divorce, dissolution, legal	902
separation, annulment, or the allocation of parental rights and	903
responsibilities for the care of children, in any action or	904
proceeding, other than a criminal, delinquency, child abuse, child	905
neglect, or dependent child action or proceeding, that is brought	906
by or against either parent who takes part in mediation in	907
accordance with the order and that pertains to the mediation	908
process, to any information discussed or presented in the	909
mediation process, to the allocation of parental rights and	910
responsibilities for the care of the parents' children, or to the	911
awarding of parenting time rights in relation to their children;	912

(I) A communications assistant, acting within the scope of	913
the communication assistant's authority, when providing	914
telecommunications relay service pursuant to section 4931.35 of	915
the Revised Code or Title II of the "Communications Act of 1934,"	916
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	917
made through a telecommunications relay service. Nothing in this	918
section shall limit the obligation of a communications assistant	919
to divulge information or testify when mandated by federal law or	920
regulation or pursuant to subpoena in a criminal proceeding.	921

Nothing in this section shall limit any immunity or privilege	922
granted under federal law or regulation.	923

(J)(1) A chiropractor in a civil proceeding concerning a	924
communication made to the chiropractor by a patient in that	925
relation or the chiropractor's advice to a patient, except as	926
otherwise provided in this division. The testimonial privilege	927
established under this division does not apply, and a chiropractor	928
may testify or may be compelled to testify, in any civil action,	929
in accordance with the discovery provisions of the Rules of Civil	930
Procedure in connection with a civil action, or in connection with	931
a claim under Chapter 4123. of the Revised Code, under any of the	932
following circumstances:	933

(a) If the patient or the guardian or other legal	934
representative of the patient gives express consent.	935

(b) If the patient is deceased, the spouse of the patient or	936
the executor or administrator of the patient's estate gives	937
express consent.	938

(c) If a medical claim, dental claim, chiropractic claim, or	939
optometric claim, as defined in section 2305.112305.113 of the	940
Revised Code, an action for wrongful death, any other type of	941
civil action, or a claim under Chapter 4123. of the Revised Code	942
is filed by the patient, the personal representative of the estate	943
of the patient if deceased, or the patient's guardian or other	944
legal representative.	945

(2) If the testimonial privilege described in division	946
(J)(1) of this section does not apply as provided in division	947
(J)(1)(c) of this section, a chiropractor may be compelled to	948
testify or to submit to discovery under the Rules of Civil	949
Procedure only as to a communication made to the chiropractor by	950
the patient in question in that relation, or the chiropractor's	951
advice to the patient in question, that related causally or	952
historically to physical or mental injuries that are relevant to	953
issues in the medical claim, dental claim, chiropractic claim, or	954
optometric claim, action for wrongful death, other civil action,	955
or claim under Chapter 4123. of the Revised Code.	956

(3) The testimonial privilege established under this	957
division does not apply, and a chiropractor may testify or be	958
compelled to testify, in any criminal action or administrative	959
proceeding.	960

(4) As used in this division, "communication" means	961
acquiring, recording, or transmitting any information, in any	962
manner, concerning any facts, opinions, or statements necessary to	963
enable a chiropractor to diagnosisdiagnose, treat, or act for a	964
patient. A communication may include, but is not limited to, any	965
chiropractic, office, or hospital communication such as a record,	966
chart, letter, memorandum, laboratory test and results, x-ray,	967
photograph, financial statement, diagnosis, or prognosis.	968

Sec. 2317.54.  No hospital, home health agency, or provider	969
of a hospice care program shall be held liable for a physician's	970
failure to obtain an informed consent from histhe physician's	971
patient prior to a surgical or medical procedure or course of	972
procedures, unless the physician is an employee of the hospital,	973
home health agency, or provider of a hospice care program.	974

Written consent to a surgical or medical procedure or course	975
of procedures shall, to the extent that it fulfills all the	976
requirements in divisions (A), (B), and (C) of this section, be	977
presumed to be valid and effective, in the absence of proof by a	978
preponderance of the evidence that the person who sought such	979
consent was not acting in good faith, or that the execution of the	980
consent was induced by fraudulent misrepresentation of material	981
facts, or that the person executing the consent was not able to	982
communicate effectively in spoken and written English or any other	983
language in which the consent is written. Except as herein	984
provided, no evidence shall be admissible to impeach, modify, or	985
limit the authorization for performance of the procedure or	986
procedures set forth in such written consent.	987

(A) The consent sets forth in general terms the nature and	988
purpose of the procedure or procedures, and what the procedures	989
are expected to accomplish, together with the reasonably known	990
risks, and, except in emergency situations, sets forth the names	991
of the physicians who shall perform the intended surgical	992
procedures.	993

(B) The person making the consent acknowledges that such	994
disclosure of information has been made and that all questions	995
asked about the procedure or procedures have been answered in a	996
satisfactory manner.	997

(C) The consent is signed by the patient for whom the	998
procedure is to be performed, or, if the patient for any reason	999
including, but not limited to, competence, infancy, or the fact	1000
that, at the latest time that the consent is needed, the patient	1001
is under the influence of alcohol, hallucinogens, or drugs, lacks	1002
legal capacity to consent, by a person who has legal authority to	1003
consent on behalf of such patient in such circumstances.	1004

Any use of a consent form that fulfills the requirements	1005
stated in divisions (A), (B), and (C) of this section has no	1006
effect on the common law rights and liabilities, including the	1007
right of a physician to obtain the oral or implied consent of a	1008
patient to a medical procedure, that may exist as between	1009
physicians and patients on July 28, 1975.	1010

As used in this section the term "hospital" has the same	1011
meaning set forthas in division (D) of section 2305.112305.113	1012
of the Revised Code; "home health agency" has the same meaning set	1013
forthas in division (A) of section 3701.885101.61 of the Revised	1014
Code; and "hospice care program" has the same meaning set forthas	1015
in division (A) of section 3712.01 of the Revised Code. The	1016
provisions of this division apply to hospitals, doctors of	1017
medicine, doctors of osteopathic medicine, and doctors of	1018
podiatric medicine.	1019

Sec. 2323.41. (A) In any civil action upon a medical,	1020
dental, optometric, or chiropractic claim, the defendant may	1021
introduce evidence of any amount payable as a benefit to the	1022
plaintiff as a result of the damages that result from an injury,	1023
death, or loss to person or property that is the subject of the	1024
claim from the following sources:	1025

(1) The United States Social Security Act, 42 U.S.C.A.	1026
section 301 et seq.;	1027

(2) Any state or federal income disability or worker's	1028
compensation act;	1029

(3) Any health, sickness or income-disability insurance,	1030
accident insurance that provides health benefits, or	1031
income-disability coverage;	1032

(4) Any contract or agreement of any group, organization,	1033
partnership, or corporation to provide, pay for, or reimburse the	1034
cost of medical, hospital, dental, or other health care services.	1035

(B) If the defendant elects to introduce evidence	1036
described in division (A) of this section, the plaintiff may	1037
introduce evidence of any amount that the plaintiff has paid or	1038
contributed to secure the plaintiff's right to receive the	1039
insurance benefits of which the defendant has introduced evidence.	1040

(C) A source of collateral benefits of which evidence is	1041
introduced pursuant to division (A) of this section shall not	1042
recover any amount against the plaintiff nor shall it be	1043
subrogated to the rights of the plaintiff against a defendant.	1044

(D) As used in this section, "medical claim," "dental	1045
claim," "optometric claim," and "chiropractic claim" have the same	1046
meanings as in section 2305.113 of the Revised Code.	1047

Sec. 2323.43. (A) In a civil action upon a medical, dental,	1048
optometric, or chiropractic claim to recover damages for injury,	1049
death, or loss to person or property, both of the following apply:	1050

(1) There shall not be any limitation on compensatory damages	1051
that represent the economic loss of the person who is awarded the	1052
damages in the civil action.	1053

(2) Except in a wrongful death action brought pursuant to	1054
Chapter 2125. of the Revised Code, damages for injury, death, or	1055
loss to person or property that arise from the same cause of	1056
action and that represent the noneconomic loss of the person who	1057
is awarded the damages in the civil action shall not exceed three	1058
hundred thousand dollars. The limitation on noneconomic damages	1059
provided in this division does not apply to court costs that are	1060
awarded to a plaintiff in the civil action or to interest on a	1061
judgment rendered in favor of a plaintiff in the civil action.	1062

(B) This section does not apply to either of the following:

1063

(1) Civil actions upon a medical, dental, optometric, or	1064
chiropractic claim that are brought against the state in the court	1065
of claims, including, but not limited to, those actions in which a	1066
state university or college is a defendant and to which division	1067
(B)(3) of section 3345.40 of the Revised Code applies;	1068

(2) Civil actions upon a medical, dental, optometric, or	1069
chiropractic claim that are brought against political subdivisions	1070
of this state and that are commenced under or are subject to	1071
Chapter 2744. of the Revised Code. Division (C) of section	1072
2744.05 of the Revised Code applies to recoverable damages in	1073
those actions.	1074

(C) As used in this section:

1075

(1) "Economic loss" means any of the following types of	1076
pecuniary harm:	1077

(a) All wages, salaries, or other compensation lost as a	1078
result of an injury, death, or loss to person or property that is	1079
a subject of a civil action upon a medical, dental, optometric, or	1080
chiropractic claim;	1081

(b) All expenditures for medical care or treatment,	1082
rehabilitation services, or other care, treatment, services,	1083
products, or accommodations as a result of an injury, death, or	1084
loss to person or property that is a subject of a civil action	1085
upon a medical, dental, optometric, or chiropractic claim;	1086

(c) Any other expenditures incurred as a result of an	1087
injury, death, or loss to person or property that is a subject of	1088
a civil action upon a medical, dental, optometric, or chiropractic	1089
claim, other than attorney's fees incurred in connection with that	1090
action.	1091

(2) "Medical claim," "dental claim," "optometric claim,"	1092
and "chiropractic claim" have the same meanings as in section	1093
2305.113 of the Revised Code.	1094

(3) "Noneconomic loss" means nonpecuniary harm that results	1095
from an injury, death, or loss to person or property that is a	1096
subject of a civil action upon a medical, dental, optometric, or	1097
chiropractic claim, including, but not limited to, pain and	1098
suffering, loss of society, consortium, companionship, care,	1099
assistance, attention, protection, advice, guidance, counsel,	1100
instruction, training, or education, disfigurement, mental	1101
anguish, and any other intangible loss.	1102

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

1103

(1) "Economic loss" means any of the following types of	1104
pecuniary harm:	1105

(a) All wages, salaries, or other compensation lost as a	1106
result of an injury, death, or loss to person or property that is	1107
a subject of a civil action upon a medical, dental, optometric, or	1108
chiropractic claim;	1109

(b) All expenditures for medical care or treatment,	1110
rehabilitation services, or other care, treatment, services,	1111
products, or accommodations as a result of an injury, death, or	1112
loss to person or property that is a subject of a civil action	1113
upon a medical, dental, optometric, or chiropractic claim;	1114

(c) Any other expenditures incurred as a result of an	1115
injury, death, or loss to person or property that is a subject of	1116
a civil action upon a medical, dental, optometric, or chiropractic	1117
claim, other than attorney's fees incurred in connection with that	1118
action.	1119

(2) "Future damages" means any damages that result from an	1120
injury, death, or loss to person or property that is a subject of	1121
a civil action upon a medical, dental, optometric, or chiropractic	1122
claim and that will accrue after the verdict or determination of	1123
liability is rendered in that action by the trier of fact. "Future	1124
damages" includes both economic and noneconomic loss.	1125

(3) "Medical claim," "dental claim," "optometric claim," and	1126
"chiropractic claim" have the same meanings as in section 2305.113	1127
of the Revised Code.	1128

(4) "Noneconomic loss" means nonpecuniary harm that results	1129
from an injury, death, or loss to person or property that is a	1130
subject of a civil action upon a medical, dental, optometric, or	1131
chiropractic claim, including, but not limited to, pain and	1132
suffering, loss of society, consortium, companionship, care,	1133
assistance, attention, protection, advice, guidance, counsel,	1134
instruction, training, or education, disfigurement, mental	1135
anguish, and any other intangible loss.	1136

(5) "Past damages" means any damages that result from an	1137
injury, death, or loss to person or property that is a subject of	1138
a civil action upon a medical, dental, optometric, or chiropractic	1139
claim and that have accrued by the time that the verdict or	1140
determination of liability is rendered in that action by the trier	1141
of fact.	1142

(6) "Trier of fact" means the jury or, in a nonjury action,	1143
the court.	1144

(B) In any civil action upon a medical, dental, optometric,	1145
or chiropractic claim in which a plaintiff makes a good faith	1146
claim against the defendant for future damages that exceed fifty	1147
thousand dollars, upon motion of that plaintiff or the defendant,	1148
the trier of fact shall return a general verdict and, if that	1149
verdict is in favor of that plaintiff, answers to interrogatories	1150
or findings of fact that specify both of the following:	1151

(1) The past damages recoverable by that plaintiff;

1152

(2) The future damages recoverable by that plaintiff.

1153

(C) If answers to interrogatories are returned or findings	1154
of fact are made pursuant to division (B) of this section and if	1155
the future damages recoverable by that plaintiff exceeds fifty	1156
thousand dollars, the plaintiff or defendant may file a motion	1157
with the court that seeks a determination under division (D) of	1158
this section. The plaintiff or defendant shall file the motion at	1159
any time after the verdict or determination in favor of the	1160
plaintiff is rendered by the trier of fact but prior to the entry	1161
of judgment in accordance with Civil Rule 58.	1162

(D)(1) Upon the filing of a motion pursuant to division (C)	1163
of this section and prior to the entry of judgment in accordance	1164
with Civil Rule 58, the court shall do all of the following:	1165

(a) Set a date for a hearing to address whether all or any	1166
part of the future damages recoverable by the plaintiff shall be	1167
received by the plaintiff in a series of periodic payments rather	1168
than in a lump sum;	1169

(b) Give notice of the date of the hearing described in	1170
division (D)(1)(a) of this section to the parties involved and	1171
their counsel of record;	1172

(c) Conduct the hearing described in division (D)(1)(a) of	1173
this section, allow the parties involved to present any relevant	1174
evidence at the hearing, consider the factors described in	1175
division (D)(2) of this section in making its determination, and	1176
make its determination in accordance with division (D)(3) of this	1177
section.	1178

(2) In determining whether all or any part of the future	1179
damages recoverable by the plaintiff shall be received by the	1180
plaintiff in a series of periodic payments rather than in a lump	1181
sum, the court shall consider all of the following factors:	1182

(a) The purposes for which those portions of the future	1183
damages were awarded to that plaintiff;	1184

(b) The business or occupational experience of that	1185
plaintiff;	1186

(c) The age of that plaintiff;

1187

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

1188

(e) Whether that plaintiff or the parent, guardian, or	1189
custodian of that plaintiff is able to competently manage the	1190
future damages;	1191

(f) Any other circumstance that relates to whether the	1192
injury sustained by that plaintiff would be better compensated by	1193
the payment of the future damages in a lump sum or by their	1194
receipt in a series of periodic payments.	1195

(3) After the hearing described in division (D)(1) of this	1196
section and prior to the entry of judgment in accordance with	1197
Civil Rule 58, the court shall determine, in its discretion,	1198
whether all or any part of the future damages recoverable by the	1199
plaintiff shall be received by the plaintiff in a series of	1200
periodic payments rather than in a lump sum. If the court	1201
determines that a plaintiff shall receive the future damages	1202
recoverable by the plaintiff in a series of periodic payments, it	1203
may order the payments only as to the amount of the future damages	1204
recoverable by the plaintiff that exceeds fifty thousand dollars.	1205
If the court determines that the plaintiff shall receive the	1206
future damages recoverable by the plaintiff in a lump sum, the	1207
future damages shall be paid in a lump sum.	1208

(E) If the court determines pursuant to division (D) of	1209
this section that a plaintiff shall receive the future damages	1210
recoverable by the plaintiff in a series of periodic payments,	1211
both of the following apply:	1212

(1) Within twenty days after the court makes that	1213
determination, the plaintiff shall submit a periodic payments plan	1214
to the court. The plan may include, but is not limited to, a	1215
provision for a trust or an annuity and may be submitted by that	1216
plaintiff alone or by that plaintiff and the defendant.	1217

(2) Within twenty days after the court makes that	1218
determination, the defendant may submit to the court, alone or	1219
jointly with the plaintiff, a periodic payments plan. If the	1220
defendant submits a periodic payments plan, the plan may include,	1221
but is not limited to, a provision for a trust or an annuity.	1222

(F)(1) If the defendant and plaintiff do not jointly submit	1223
a periodic payments plan and if the defendant does not separately	1224
submit a periodic payments plan, then, within ten days after that	1225
plaintiff submits a plan, the defendant may submit to the court	1226
written comments relative to the periodic payments plan of the	1227
plaintiff.	1228

(2) If the defendant and plaintiff do not jointly submit	1229
a periodic payments plan and if the defendant separately submits a	1230
periodic payments plan, then, within ten days after the defendant	1231
submits the plan, the plaintiff may submit to the court written	1232
comments relative to the periodic payments plan of the defendant.	1233

(G)(1) The court, in its discretion, may modify, approve,	1234
or reject any submitted periodic payments plan. In approving any	1235
periodic payments plan, the court shall take into consideration	1236
interest on the judgment in question in accordance with section	1237
1343.03 of the Revised Code. Additionally, in approving any	1238
periodic payments plan, the court is not required to ensure that	1239
payments under the periodic payments plan are equal in amount or	1240
that the total amount paid each year under the periodic payments	1241
plan is equal in amount to the total amount paid in other years	1242
under the plan; rather, a periodic payments plan may provide for	1243
payments to be made in irregular or varied amounts, or to be	1244
graduated upward or downward in amount over the duration of the	1245
periodic payments plan.	1246

(2) The court shall include in any approved periodic	1247
payments plan adequate security to insure that the plaintiff will	1248
receive all of the periodic payments under that plan. If the	1249
approved periodic payments plan includes a provision for an	1250
annuity as the adequate security or otherwise, the defendant shall	1251
purchase the annuity from either of the following types of	1252
insurance companies:	1253

(a) An insurance company that the A.M. Best Company, in its	1254
most recently published rating guide of life insurance companies,	1255
has rated A or better and has rated XII or higher as to financial	1256
size or strength;	1257

(b) An insurance company that the superintendent of	1258
insurance, under rules adopted pursuant to Chapter 119. of the	1259
Revised Code for purposes of implementing this division,	1260
determines is licensed to do business in this state and,	1261
considering the factors described in this division, is a stable	1262
insurance company that issues annuities that are safe and	1263
desirable. In making determinations as described in this	1264
division, the superintendent shall be guided by the principle that	1265
annuities should be safe and desirable for plaintiffs who are	1266
awarded damages. In making those determinations, the	1267
superintendent shall consider the financial condition, general	1268
standing, operating results, profitability, leverage, liquidity,	1269
amount and soundness of reinsurance, adequacy of reserves, and the	1270
management of any insurance company in question and also may	1271
consider ratings, grades, and classifications of any nationally	1272
recognized rating services of insurance companies and any other	1273
factors relevant to the making of such determinations.	1274

(3) If a periodic payments plan provides for periodic	1275
payments over a period of five years or more to the plaintiff, the	1276
court, in its discretion, may include in the approved periodic	1277
payments plan a provision in which it reserves to itself	1278
continuing jurisdiction over that plan, including jurisdiction to	1279
review and modify that plan.	1280

(4) The court shall specify in the entry of judgment in the	1281
tort action the determination made pursuant to division (D) of	1282
this section and, if applicable, the terms of any approved	1283
periodic payments plan.	1284

(H) After a periodic payments plan is approved, the future	1285
damages that are to be received in periodic payments shall be paid	1286
in accordance with the plan, including, if applicable, payment	1287
over to a trust or annuity provided for in the plan.	1288

(I) If a court orders a series of periodic payments of	1289
future damages in accordance with this section and the plaintiff	1290
dies prior to the receipt of all of the future damages, the	1291
liability for the unpaid portion of those damages that is not yet	1292
due at the time of the death of that plaintiff shall continue, but	1293
the payments shall be paid to the heirs of that plaintiff as	1294
scheduled in and otherwise in accordance with the approved	1295
periodic payments plan or, if the plan does not contain a relevant	1296
provision, as the court shall order.	1297

(J)(1) Nothing in this section precludes a plaintiff and a	1298
defendant from mutually agreeing to a settlement of the action.	1299

(2) Except as otherwise provided in this section, nothing in	1300
this section increases the time for filing any motion or notice of	1301
appeal or taking any other action relative to a civil action upon	1302
a medical, dental, optometric, or chiropractic claim, alters the	1303
amount of any verdict or determination of damages by the trier of	1304
fact in a civil action upon a medical, dental, optometric, or	1305
chiropractic claim, or alters the liability of any party to pay or	1306
satisfy the verdict or determination.	1307

(K) This section does not apply to tort actions that are	1308
brought against political subdivisions of this state and that are	1309
commenced under or are subject to Chapter 2744. of the Revised	1310
Code or to tort actions brought against the state in the court of	1311
claims.	1312

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

1313

(1) "Economic loss" means any of the following types of	1314
pecuniary harm:	1315

(a) All wages, salaries, or other compensation lost as a	1316
result of an injury to person that is a subject of a tort action;	1317

(b) All expenditures for medical care or treatment,	1318
rehabilitation services, or other care, treatment, services,	1319
products, or accommodations as a result of an injury to person	1320
that is a subject of a tort action;	1321

(c) Any other expenditures incurred as a result of an injury	1322
to person that is a subject of a tort action.	1323

(2) "Future damages" means any damages that result from an	1324
injury to person that is a subject of a tort action and that will	1325
accrue after the verdict or determination of liability by the	1326
trier of fact is rendered in that tort action.	1327

(3) "Medical claim," "dental claim," "optometric claim," and	1328
"chiropractic claim" have the same meanings as in section 2305.11	1329
2305.113 of the Revised Code.	1330

(4) "Noneconomic loss" means nonpecuniary harm that results	1331
from an injury to person that is a subject of a tort action,	1332
including, but not limited to, pain and suffering, loss of	1333
society, consortium, companionship, care, assistance, attention,	1334
protection, advice, guidance, counsel, instruction, training, or	1335
education, mental anguish, and any other intangible loss.	1336

(5) "Past damages" means any damages that result from an	1337
injury to person that is a subject of a tort action and that have	1338
accrued by the time that the verdict or determination of liability	1339
by the trier of fact is rendered in that tort action, and any	1340
punitive or exemplary damages awarded.	1341

(6) "Tort action" means a civil action for damages for	1342
injury to person. "Tort action" includes a product liability	1343
claim for damages for injury to person that is subject to sections	1344
2307.71 to 2307.80 of the Revised Code, but does not include a	1345
civil action for damages for a breach of contract or another	1346
agreement between persons.	1347

(7) "Trier of fact" means the jury or, in a nonjury action,	1348
the court.	1349

(B)(1) In any tort action that is tried to a jury and in	1350
which a plaintiff makes a good faith claim against the defendant	1351
in question for future damages that exceed two hundred thousand	1352
dollars, upon motion of that plaintiff or the defendant in	1353
question, the court shall instruct the jury to return, and the	1354
jury shall return, a general verdict and, if that verdict is in	1355
favor of that plaintiff, answers to interrogatories that shall	1356
specify all of the following:	1357

(a) The past damages recoverable by that plaintiff;

1358

(b) The future damages recoverable by that plaintiff, and	1359
the portions of those future damages that represent each of the	1360
following:	1361

(i) Noneconomic loss;

1362

(ii) Economic loss;

1363

(iii) Economic loss as described in division (A)(1)(a) of	1364
this section;	1365

(iv) Economic loss as described in division (A)(1)(b) of	1366
this section;	1367

(v) Economic loss as described in division (A)(1)(c) of this	1368
section.	1369

(2) In any tort action that is tried to a court and in which	1370
a plaintiff makes a good faith claim against the defendant in	1371
question for future damages that exceed two hundred thousand	1372
dollars, upon motion of that plaintiff or the defendant in	1373
question, the court shall make its determination in the action	1374
and, if that determination is in favor of that plaintiff, make	1375
findings of fact that shall specify damages as provided in	1376
division (B)(1) of this section.	1377

(C) If answers to interrogatories are returned or findings	1378
of fact are made pursuant to division (B) of this section and if	1379
the total of the portions of the future damages described in	1380
divisions (B)(1)(b)(i), (iv), and (v) of this section exceeds both	1381
two hundred thousand dollars and twenty-five per cent of the total	1382
of the damages described in divisions (B)(1)(a) and (b) of this	1383
section, the plaintiff or defendant in question may file a motion	1384
with the court that seeks a determination under division (D) of	1385
this section. Such a motion shall be filed at any time after the	1386
verdict or determination in favor of the plaintiff in question is	1387
rendered by the trier of fact but prior to the entry of judgment	1388
in accordance with Civil Rule 58.	1389

(D)(1) Upon the filing of a motion pursuant to division (C)	1390
of this section and prior to the entry of judgment in accordance	1391
with Civil Rule 58, the court shall do all of the following:	1392

(a) Set a date for a hearing to address whether all or any	1393
part of the total of the portions of the future damages described	1394
in divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1395
received by the plaintiff in question in a series of periodic	1396
payments rather than in a lump sum;	1397

(b) Give notice of the date of the hearing described in	1398
division (D)(1)(a) of this section to the parties involved and	1399
their counsel of record;	1400

(c) Conduct the hearing described in division (D)(1)(a) of	1401
this section, allow the parties involved to present any relevant	1402
evidence at the hearing, consider the factors described in	1403
division (D)(2) of this section in making its determination, and	1404
make its determination in accordance with division (D)(3) of this	1405
section.	1406

(2) In determining whether all or any part of the total of	1407
the portions of the future damages described in divisions	1408
(B)(1)(b)(i), (iv), and (v) of this section shall be received by	1409
the plaintiff in question in a series of periodic payments rather	1410
than in a lump sum, the court shall consider all of the following	1411
factors:	1412

(a) The purposes for which those portions of the future	1413
damages were awarded to that plaintiff;	1414

(b) The business or occupational experience of that	1415
plaintiff;	1416

(c) The age of that plaintiff;

1417

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

1418

(e) Whether that plaintiff or the parent, guardian, or	1419
custodian of that plaintiff is able to competently manage those	1420
portions of the future damages;	1421

(f) Any other circumstance that relates to whether the	1422
injury sustained by that plaintiff would be better compensated by	1423
the payment of those portions of the future damages in a lump sum	1424
or by their receipt in a series of periodic payments.	1425

(3) After the hearing described in division (D)(1) of this	1426
section and prior to the entry of judgment in accordance with	1427
Civil Rule 58, the court shall determine, in its discretion,	1428
whether all or any part of the total of the portions of the future	1429
damages described in divisions (B)(1)(b)(i), (iv), and (v) of this	1430
section shall be received by the plaintiff in question in a series	1431
of periodic payments rather than in a lump sum. If the court	1432
determines that a series of periodic payments shall be received by	1433
that plaintiff, it may order such payments only as to the amount	1434
of that total that exceeds both two hundred thousand dollars and	1435
twenty-five per cent of the total of the damages described in	1436
divisions (B)(1)(a) and (b) of this section.	1437

(E)(1)(a) If the court determines pursuant to division (D)	1438
of this section that a series of periodic payments shall be	1439
received by the plaintiff in question, then, within twenty days	1440
after the court so determines, that plaintiff shall submit a	1441
periodic payments plan to the court. Such a plan may include, but	1442
is not limited to, a provision for a trust or an annuity, and may	1443
be submitted by that plaintiff alone or by that plaintiff and the	1444
defendant in question.	1445

(b) If that defendant and that plaintiff do not jointly	1446
submit a periodic payments plan, then, within twenty days after	1447
the court makes its determination pursuant to division (D) of this	1448
section that a series of periodic payments shall be received by	1449
that plaintiff, that defendant may submit to the court a periodic	1450
payments plan. If hethat defendant does so, it may include, but	1451
is not limited to, a provision for a trust or an annuity.	1452

(c) If that defendant and that plaintiff do not jointly	1453
submit a periodic payments plan and if that defendant does not	1454
separately submit such a plan pursuant to division (E)(1)(b) of	1455
this section, then, within ten days after that plaintiff submits	1456
such a plan, that defendant may submit to the court written	1457
comments relative to the periodic payments plan of that plaintiff.	1458
If that defendant and that plaintiff do not jointly submit a	1459
periodic payments plan and if that defendant separately submits	1460
such a plan pursuant to division (E)(1)(b) of this section, then,	1461
within ten days after that defendant submits such a plan, that	1462
plaintiff may submit to the court written comments relative to the	1463
periodic payments plan of that defendant.	1464

(d) The court, in its discretion, may modify, approve, or	1465
reject any submitted periodic payments plan. In approving any	1466
periodic payments plan, the court shall take into consideration	1467
interest on the judgment in question, in accordance with section	1468
1343.03 of the Revised Code. Additionally, in approving any	1469
periodic payments plan, the court is not required to ensure that	1470
payments under the periodic payments plan are equal in amount or	1471
that the total amount paid each year under the periodic payments	1472
plan is equal in amount to the total amount paid in other years	1473
under the plan; rather, a periodic payments plan may provide for	1474
payments to be made in irregular or varied amounts, or to be	1475
graduated upward or downward in amount over the duration of the	1476
periodic payments plan.	1477

(e) The court shall include in any approved periodic	1478
payments plan adequate security to insure that the plaintiff in	1479
question will receive all of the periodic payments under that	1480
plan. If the approved periodic payments plan includes a provision	1481
for an annuity as the adequate security or otherwise, the	1482
defendant in question shall purchase the annuity from either of	1483
the following types of insurance companies:	1484

(i) An insurance company that the A.M. Best Company, in its	1485
most recently published rating guide of life insurance companies,	1486
has rated A or better and has rated XII or higher as to financial	1487
size or strength;	1488

(ii) An insurance company that the superintendent of	1489
insurance, under rules adopted pursuant to Chapter 119. of the	1490
Revised Code for purposes of implementing this division,	1491
determines is licensed to do business in this state and,	1492
considering the factors described in this division, is a stable	1493
insurance company that issues annuities that are safe and	1494
desirable.	1495

In making determinations as described in this division, the	1496
superintendent shall be guided by the principle that annuities	1497
should be safe and desirable for plaintiffs who are awarded	1498
damages. In making such determinations, the superintendent shall	1499
consider the financial condition, general standing, operating	1500
results, profitability, leverage, liquidity, amount and soundness	1501
of reinsurance, adequacy of reserves, and the management of any	1502
insurance company in question and also may consider ratings,	1503
grades, and classifications of any nationally recognized rating	1504
services of insurance companies and any other factors relevant to	1505
the making of such determinations.	1506

(f) If a periodic payments plan provides for periodic	1507
payments over a period of five years or more to the plaintiff in	1508
question, the court, in its discretion, may include in the	1509
approved periodic payments plan a provision in which it reserves	1510
to itself continuing jurisdiction over that plan, including	1511
jurisdiction to review and modify that plan.	1512

(g) After a periodic payments plan is approved, the future	1513
damages that are to be received in periodic payments shall be paid	1514
in accordance with the plan, including, if applicable, payment	1515
over to a trust or annuity provided for in the plan.	1516

(2) If the court determines pursuant to division (D) of this	1517
section that a series of periodic payments shall not be received	1518
by the plaintiff in question, the future damages described in	1519
divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1520
paid in a lump sum.	1521

(3) The court shall specify in the entry of judgment in the	1522
tort action the determination made pursuant to division (D) of	1523
this section and, if applicable, the terms of any approved	1524
periodic payments plan.	1525

(F) If a court orders a series of periodic payments of	1526
future damages in accordance with this section, the following	1527
rules shall govern those payments if the plaintiff in question	1528
dies prior to the receipt of all of them:	1529

(1) The liability for the portion of those payments that	1530
represents future economic loss as described in division	1531
(B)(1)(b)(iv) of this section and that is not due at the time of	1532
the death of that plaintiff shall cease at that time;	1533

(2) The liability for the portion of those payments that	1534
represents future noneconomic loss of that plaintiff as described	1535
in division (B)(1)(b)(i) of this section and that is not due at	1536
the time of the death of that plaintiff shall continue, but the	1537
payments shall be paid to the heirs of that plaintiff as scheduled	1538
in and otherwise in accordance with the approved periodic payments	1539
plan or, if the plan does not contain a relevant provision, as the	1540
court shall order;	1541

(3) The liability for the portion of those payments not	1542
described in division (F)(1) or (2) of this section shall	1543
continue, but the payments shall be paid as described in division	1544
(F)(2) of this section.	1545

(G)(1) Nothing in this section precludes a plaintiff in	1546
question and a defendant in question from mutually agreeing to a	1547
settlement of the action.	1548

(2) Except to the extent provided in divisions (A) to (F) of	1549
this section, nothing in those divisions increases the time for	1550
filing any motion or notice of appeal or taking any other action	1551
relative to a tort action, alters the amount of any verdict or	1552
determination of damages by the trier of fact in a tort action, or	1553
alters the liability of any party to pay or satisfy any such	1554
verdict or determination.	1555

(H) This section does not apply to tort actions against	1556
political subdivisions of this state that are commenced under or	1557
are subject to Chapter 2744. of the Revised Code or to tort	1558
actions against the state in the court of claims. This section	1559
also does not apply to a tort or other civil action upon a medical	1560
claim, dental claim, optometric claim, or chiropractic claim, and	1561
instead such an action shall be subject to section 2323.572323.55	1562
of the Revised Code.	1563

Sec. 2711.21.  (A) Upon the filing of any medical, dental,	1564
optometric, or chiropractic claim as defined in division (D) of	1565
section 2305.112305.113 of the Revised Code, if all of the	1566
parties to the medical, dental, optometric, or chiropractic claim	1567
agree to submit it to nonbinding arbitration, the controversy	1568
shall be submitted to an arbitration board consisting of three	1569
arbitrators to be named by the court. The arbitration board shall	1570
consist of one person designated by the plaintiff or plaintiffs,	1571
one person designated by the defendant or defendants, and a person	1572
designated by the court. The person designated by the court shall	1573
serve as the chairmanchairperson of the board. Each member of	1574
the board shall receive a reasonable compensation based on the	1575
extent and duration of actual service rendered, and shall be paid	1576
in equal proportions by the parties in interest. In a claim	1577
accompanied by a poverty affidavit, the cost of the arbitration	1578
shall be borne by the court.	1579

(B) The arbitration proceedings shall be conducted in	1580
accordance with sections 2711.06 to 2711.16 of the Revised Code	1581
insofar as they are applicable. Such proceedings shall be	1582
conducted in the county in which the trial is to be held.	1583

(C) If the decision of the arbitration board is not accepted	1584
by all parties to the medical, dental, optometric, or chiropractic	1585
claim, the claim shall proceed as if it had not been submitted to	1586
nonbinding arbitration pursuant to this section. The decision of	1587
the arbitration board and any dissenting opinion written by any	1588
board member are not admissible into evidence at the trial.	1589

(D) Nothing in this section shall be construed to limit the	1590
right of any person to enter into an agreement to submit a	1591
controversy underlying a medical, dental, optometric, or	1592
chiropractic claim to binding arbitration.	1593

Sec. 2711.22. A(A) Except as otherwise provided in this	1594
section, a written contract between a patient and a hospital or	1595
physicianhealthcare provider to settle by binding arbitration any	1596
dispute or controversy arising out of the diagnosis, treatment, or	1597
care of the patient rendered by a physician or hospital or	1598
healthcare provider, that is entered into prior to or subsequent	1599
to the rendering of such diagnosis, treatment, or care of the	1600
patient is valid, irrevocable, and enforceable, save upon such	1601
grounds as exist at law or in equity for the revocation of any	1602
contractonce the contract is signed by all parties. The contract	1603
remains valid, irrevocable, and enforceable until or unless the	1604
patient or the patient's legal representative rescinds the	1605
contract by written notice within thirty days of the signing of	1606
the contract. A guardian or other legal representative of the	1607
patient may give written notice of the rescission of the contract	1608
if the patient is incapacitated or a minor.	1609

(B) As used in this section the terms "hospital" and	1610
"physician" shall have the meaning set forth in division (D) of	1611
section 2305.11 of the Revised Code. The provisions of this	1612
division apply to hospitals, doctors of medicine, doctors of	1613
osteopathic medicine, and doctors of podiatric medicine.and in	1614
sections 2711.23 and 2711.24 of the Revised Code:	1615

(1) "Healthcare provider" means a hospital, physician,	1616
podiatrist, dentist, registered nurse, chiropractor, optometrist,	1617
or physical therapist.	1618

(2) "Hospital," "physician," "podiatrist," "dentist,"	1619
"registered nurse," "chiropractor," "optometrist," "physical	1620
therapist," "medical claim," "dental claim," "optometric claim,"	1621
and "chiropractic claim" have the same meanings as in section	1622
2305.113 of the Revised Code.	1623

Sec. 2711.23.  To be valid and enforceable any arbitration	1624
agreements pursuant to sections 2711.01 and 2711.22 of the Revised	1625
Code for controversies involving hospital ora medical care,	1626
diagnosis, or treatment which are, dental, chiropractic, or	1627
optometric claim that is entered into prior to rendering sucha	1628
patient receiving any care, diagnosis, or treatment shall include	1629
or be subject to the following conditions:	1630

(A) The agreement shall provide that medical or hospitalthe	1631
care, diagnosis, or treatment will be provided whether or not the	1632
patient signs the agreement to arbitrate;	1633

(B) The agreement shall provide that the patient, or the	1634
patient's spouse, or the personal representative of histhe	1635
patient's estate in the event of the patient's death or	1636
incapacity, shall have a right to withdraw the patient's consent	1637
to arbitrate histhe patient's claim by notifying the physician	1638
healthcare provider or hospital in writing within sixtythirty	1639
days after the patient's discharge from the hospital for any claim	1640
arising out of hospitalization, or within sixty days after the	1641
termination of the physician-patient relationship for the physical	1642
condition involved for any claim against a physiciansigning of	1643
the agreement. Nothing in this division shall be construed to mean	1644
that the spouse of a competent patient can withdraw over the	1645
objection of the patient the consent of the patient to arbitrate;	1646

(C) The agreement shall provide that the decision whether or	1647
not to sign the agreement is solely a matter for the patient's	1648
determination without any influence by the physician or hospital;	1649

(D) The agreement shall, if appropriate, provide that its	1650
terms constitute a waiver of any right to a trial in court, or a	1651
waiver of any right to a trial by jury;	1652

(E) The agreement shall provide that the arbitration	1653
expenses shall be divided equally between the parties to the	1654
agreement;	1655

(F) Any arbitration panel shall consist of three persons, no	1656
more than one of whom shall be a physician or the representative	1657
of a hospital;	1658

(G) The arbitration agreement shall be separate from any	1659
other agreement, consent, or document;	1660

(H) The agreement shall not be submitted to a patient for	1661
approval when the patient's condition prevents the patient from	1662
making a rational decision whether or not to agree;	1663

(I) Filing of a medical, dental, chiropractic, or optometric	1664
claim, as defined in division (D) of section 2305.11 of the	1665
Revised Code, within the sixtythirty days provided for withdrawal	1666
of a patient from the arbitration agreement shall be deemed a	1667
withdrawal from suchthe agreement;	1668

(J) The agreement shall contain a separately stated notice	1669
that clearly informs the patient of histhe patient's rights under	1670
division (B) of this section.	1671

As used in this section, the terms "hospital" and "physician"	1672
shall have the meanings set forth in division (D) of section	1673
2305.11 of the Revised Code.	1674

The provisions of this division apply to hospitals, doctors	1675
of medicine, doctors of osteopathic medicine, and doctors of	1676
podiatric medicine.	1677

Sec. 2711.24.  To the extent it is in ten-point type and is	1678
executed in the following form, an arbitration agreement of the	1679
type stated in section 2711.23 of the Revised Code shall be	1680
presumed valid and enforceable in the absence of proof by a	1681
preponderance of the evidence that the execution of the agreement	1682
was induced by fraud, that the patient executed the agreement as a	1683
direct result of the willful or negligent disregard by the	1684
physician or hospitalhealthcare provider of the patient's right	1685
not to so execute, or that the patient executing the agreement was	1686
not able to communicate effectively in spoken and written English	1687
or any other language in which the agreement is written:	1688

"AGREEMENT TO RESOLVE FUTURE MALPRACTICE

1689

CLAIM BY BINDING ARBITRATION

1690

In the event of any dispute or controversy arising out of the	1691
diagnosis, treatment, or care of the patient by the healthcare	1692
provider of medical services, the dispute or controversy shall be	1693
submitted to binding arbitration.	1694

Within fifteen days after a party to this agreement has given	1695
written notice to the other of demand for arbitration of said	1696
dispute or controversy, the parties to the dispute or controversy	1697
shall each appoint an arbitrator and give notice of such	1698
appointment to the other. Within a reasonable time after such	1699
notices have been given the two arbitrators so selected shall	1700
select a neutral arbitrator and give notice of the selection	1701
thereof to the parties. The arbitrators shall hold a hearing	1702
within a reasonable time from the date of notice of selection of	1703
the neutral arbitrator.	1704

Expenses of the arbitration shall be shared equally by the	1705
parties to this agreement.	1706

The patient, by signing this agreement, also acknowledges	1707
that hethe patient has been informed that:	1708

(1) Medical or hospital careCare, diagnosis, or treatment	1709
will be provided whether or not the patient signs the agreement to	1710
arbitrate;	1711

(2) The agreement may not even be submitted to a patient for	1712
approval when the patient's condition prevents the patient from	1713
making a rational decision whether or not to agree;	1714

(3) The decision whether or not to sign the agreement is	1715
solely a matter for the patient's determination without any	1716
influence by the physician or hospital;	1717

(4) The agreement waives the patient's right to a trial in	1718
court for any future malpractice claim hethe patient may have	1719
against the physician or hospitalhealthcare provider;	1720

(5) The patient must be furnished with two copies of this	1721
agreement.	1722

PATIENT'S RIGHT TO CANCEL

1723

HIS AGREEMENT TO ARBITRATE

1724

The patient, or the patient's spouse or the personal	1725
representative of histhe patient's estate in the event of the	1726
patient's death or incapacity, has the right to cancel this	1727
agreement to arbitrate by notifying the physician or hospital	1728
healthcare provider in writing within sixtythirty days after the	1729
patient's discharge from the hospital for any claim against a	1730
hospital, or within sixty days after the termination of the	1731
physician-patient relationship for the physical condition involved	1732
for claims against physicianssigning of the agreement. The	1733
patient, or histhe patient's spouse or representative, as	1734
appropriate, may cancel this agreement by merely writing	1735
"cancelled" on the face of one of histhe patient's copies of the	1736
agreement, signing histhe patient's name under such word, and	1737
mailing, by certified mail, return receipt requested, suchthe	1738
copy to the physician or hospitalhealthcare provider within such	1739
sixty-daythe thirty-day period.	1740

Filing of a medical claim in a court within the sixtythirty	1741
days provided for cancellation of the arbitration agreement by the	1742
patient will cancel the agreement without any further action by	1743
the patient.	1744

Date:

1745

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

1746

Signature of Provider of Medical Services

1747

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

1748

Signature of Patient"

1749

(B) As used in this section the terms "hospital" and	1750
"physician" have the meanings set forth in division (D) of section	1751
2305.11 of the Revised Code. The provisions of this division	1752
apply to hospitals, doctors of medicine, doctors of osteopathic	1753
medicine, and doctors of podiatric medicine.	1754

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	1755
from liability and consents to be sued, and have its liability	1756
determined, in the court of claims created in this chapter in	1757
accordance with the same rules of law applicable to suits between	1758
private parties, except that the determination of liability is	1759
subject to the limitations set forth in this chapter and, in the	1760
case of state universities or colleges, in section 3345.40 of the	1761
Revised Code, and except as provided in division (A)(2) of this	1762
section. To the extent that the state has previously consented to	1763
be sued, this chapter has no applicability.	1764

Except in the case of a civil action filed by the state,	1765
filing a civil action in the court of claims results in a complete	1766
waiver of any cause of action, based on the same act or omission,	1767
which the filing party has against any officer or employee, as	1768
defined in section 109.36 of the Revised Code. The waiver shall	1769
be void if the court determines that the act or omission was	1770
manifestly outside the scope of the officer's or employee's office	1771
or employment or that the officer or employee acted with malicious	1772
purpose, in bad faith, or in a wanton or reckless manner.	1773

(2) If a claimant proves in the court of claims that an	1774
officer or employee, as defined in section 109.36 of the Revised	1775
Code, would have personal liability for histhe officer's or	1776
employee's acts or omissions but for the fact that the officer or	1777
employee has personal immunity under section 9.86 of the Revised	1778
Code, the state shall be held liable in the court of claims in any	1779
action that is timely filed pursuant to section 2743.16 of the	1780
Revised Code and that is based upon the acts or omissions.	1781

(B) The state hereby waives the immunity from liability of	1782
all hospitals owned or operated by one or more political	1783
subdivisions and consents for them to be sued, and to have their	1784
liability determined, in the court of common pleas, in accordance	1785
with the same rules of law applicable to suits between private	1786
parties, subject to the limitations set forth in this chapter.	1787
This division is also applicable to hospitals owned or operated by	1788
political subdivisions which have been determined by the supreme	1789
court to be subject to suit prior to July 28, 1975.	1790

(C) Any hospital, as defined underin section 2305.11	1791
2305.113 of the Revised Code, may purchase liability insurance	1792
covering its operations and activities and its agents, employees,	1793
nurses, interns, residents, staff, and members of the governing	1794
board and committees, and, whether or not such insurance is	1795
purchased, may, to such extent as its governing board considers	1796
appropriate, indemnify or agree to indemnify and hold harmless any	1797
such person against expense, including attorney's fees, damage,	1798
loss, or other liability arising out of, or claimed to have arisen	1799
out of, the death, disease, or injury of any person as a result of	1800
the negligence, malpractice, or other action or inaction of the	1801
indemnified person while acting within the scope of histhe	1802
indemnified person's duties or engaged in activities at the	1803
request or direction, or for the benefit, of the hospital. Any	1804
hospital electing to indemnify such persons, or to agree to so	1805
indemnify, shall reserve such funds as are necessary, in the	1806
exercise of sound and prudent actuarial judgment, to cover the	1807
potential expense, fees, damage, loss, or other liability. The	1808
superintendent of insurance may recommend, or, if such hospital	1809
requests himthe superintendent to do so, the superintendent shall	1810
recommend, a specific amount for any period that, in histhe	1811
superintendent's opinion, represents such a judgment. This	1812
authority is in addition to any authorization otherwise provided	1813
or permitted by law.	1814

(D) Recoveries against the state shall be reduced by the	1815
aggregate of insurance proceeds, disability award, or other	1816
collateral recovery received by the claimant. This division does	1817
not apply to civil actions in the court of claims against a state	1818
university or college under the circumstances described in section	1819
3345.40 of the Revised Code. The collateral benefits provisions	1820
of division (B)(2) of that section apply under those	1821
circumstances.	1822

(E) The only defendant in original actions in the court of	1823
claims is the state. The state may file a third-party complaint	1824
or counterclaim in any civil action, except a civil action for two	1825
thousand five hundred dollars or less, that is filed in the court	1826
of claims.	1827

(F) A civil action against an officer or employee, as	1828
defined in section 109.36 of the Revised Code, that alleges that	1829
the officer's or employee's conduct was manifestly outside the	1830
scope of histhe officer's or employee's employment or official	1831
responsibilities, or that the officer or employee acted with	1832
malicious purpose, in bad faith, or in a wanton or reckless manner	1833
shall first be filed against the state in the court of claims,	1834
which has exclusive, original jurisdiction to determine,	1835
initially, whether the officer or employee is entitled to personal	1836
immunity under section 9.86 of the Revised Code and whether the	1837
courts of common pleas have jurisdiction over the civil action.	1838

The filing of a claim against an officer or employee under	1839
this division tolls the running of the applicable statute of	1840
limitations until the court of claims determines whether the	1841
officer or employee is entitled to personal immunity under section	1842
9.86 of the Revised Code.	1843

(G) Whenever a claim lies against an officer or employee who	1844
is a member of the Ohio national guard, and the officer or	1845
employee was, at the time of the act or omission complained of,	1846
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	1847
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	1848
exclusive remedy of the claimant and the state has no liability	1849
under this section.	1850

Sec. 2743.43.  (A) No person shall be deemed competent to	1851
give expert testimony on the liability issues in a medical claim,	1852
as defined in division (D)(3) of section 2305.112305.113 of the	1853
Revised Code, unless:	1854

(1) Such person is licensed to practice medicine and	1855
surgery, osteopathic medicine and surgery, or podiatric medicine	1856
and surgery by the state medical board or by the licensing	1857
authority of any state;	1858

(2) Such person devotes three-fourths of histhe person's	1859
professional time to the active clinical practice of medicine or	1860
surgery, osteopathic medicine and surgery, or podiatric medicine	1861
and surgery, or to its instruction in an accredited university.	1862

(B) Nothing in division (A) of this section shall be	1863
construed to limit the power of the trial court to adjudge the	1864
testimony of any expert witness incompetent on any other ground.	1865

Sec. 2919.16.  As used in sections 2919.16 to 2919.18 of the	1866
Revised Code:	1867

(A) "Fertilization" means the fusion of a human spermatozoon	1868
with a human ovum.	1869

(B) "Gestational age" means the age of an unborn human as	1870
calculated from the first day of the last menstrual period of a	1871
pregnant woman.	1872

(C) "Health care facility" means a hospital, clinic,	1873
ambulatory surgical treatment center, other center, medical	1874
school, office of a physician, infirmary, dispensary, medical	1875
training institution, or other institution or location in or at	1876
which medical care, treatment, or diagnosis is provided to a	1877
person.	1878

(D) "Hospital" has the same meanings as in sections 2108.01,	1879
3701.01, and 5122.01 of the Revised Code.	1880

(E) "Live birth" has the same meaning as in division (A) of	1881
section 3705.01 of the Revised Code.	1882

(F) "Medical emergency" means a condition that a pregnant	1883
woman's physician determines, in good faith and in the exercise of	1884
reasonable medical judgment, so complicates the woman's pregnancy	1885
as to necessitate the immediate performance or inducement of an	1886
abortion in order to prevent the death of the pregnant woman or to	1887
avoid a serious risk of the substantial and irreversible	1888
impairment of a major bodily function of the pregnant woman that	1889
delay in the performance or inducement of the abortion would	1890
create.	1891

(G) "Physician" has the same meaning as in section 2305.11	1892
2305.113 of the Revised Code.	1893

(H) "Pregnant" means the human female reproductive	1894
condition, that commences with fertilization, of having a	1895
developing fetus.	1896

(I) "Premature infant" means a human whose live birth occurs	1897
prior to thirty-eight weeks of gestational age.	1898

(J) "Serious risk of the substantial and irreversible	1899
impairment of a major bodily function" means any medically	1900
diagnosed condition that so complicates the pregnancy of the woman	1901
as to directly or indirectly cause the substantial and	1902
irreversible impairment of a major bodily function, including, but	1903
not limited to, the following conditions:	1904

(1) Pre-eclampsia;

1905

(2) Inevitable abortion;

1906

(3) Prematurely ruptured membrane;

1907

(4) Diabetes;

1908

(5) Multiple sclerosis.

1909

(K) "Unborn human" means an individual organism of the	1910
species homo sapiens from fertilization until live birth.	1911

(L) "Viable" means the stage of development of a human fetus	1912
at which in the determination of a physician, based on the	1913
particular facts of a woman's pregnancy that are known to the	1914
physician and in light of medical technology and information	1915
reasonably available to the physician, there is a realistic	1916
possibility of the maintaining and nourishing of a life outside of	1917
the womb with or without temporary artificial life-sustaining	1918
support.	1919

Sec. 3923.63.  (A) Notwithstanding section 3901.71 of the	1920
Revised Code, each individual or group policy of sickness and	1921
accident insurance delivered, issued for delivery, or renewed in	1922
this state that provides maternity benefits shall provide coverage	1923
of inpatient care and follow-up care for a mother and her newborn	1924
as follows:	1925

(1) The policy shall cover a minimum of forty-eight hours of	1926
inpatient care following a normal vaginal delivery and a minimum	1927
of ninety-six hours of inpatient care following a cesarean	1928
delivery. Services covered as inpatient care shall include	1929
medical, educational, and any other services that are consistent	1930
with the inpatient care recommended in the protocols and	1931
guidelines developed by national organizations that represent	1932
pediatric, obstetric, and nursing professionals.	1933

(2) The policy shall cover a physician-directed source of	1934
follow-up care. Services covered as follow-up care shall include	1935
physical assessment of the mother and newborn, parent education,	1936
assistance and training in breast or bottle feeding, assessment of	1937
the home support system, performance of any medically necessary	1938
and appropriate clinical tests, and any other services that are	1939
consistent with the follow-up care recommended in the protocols	1940
and guidelines developed by national organizations that represent	1941
pediatric, obstetric, and nursing professionals. The coverage	1942
shall apply to services provided in a medical setting or through	1943
home health care visits. The coverage shall apply to a home	1944
health care visit only if the health care professional who	1945
conducts the visit is knowledgeable and experienced in maternity	1946
and newborn care.	1947

When a decision is made in accordance with division (B) of	1948
this section to discharge a mother or newborn prior to the	1949
expiration of the applicable number of hours of inpatient care	1950
required to be covered, the coverage of follow-up care shall apply	1951
to all follow-up care that is provided within seventy-two hours	1952
after discharge. When a mother or newborn receives at least the	1953
number of hours of inpatient care required to be covered, the	1954
coverage of follow-up care shall apply to follow-up care that is	1955
determined to be medically necessary by the health care	1956
professionals responsible for discharging the mother or newborn.	1957

(B) Any decision to shorten the length of inpatient stay to	1958
less than that specified under division (A)(1) of this section	1959
shall be made by the physician attending the mother or newborn,	1960
except that if a nurse-midwife is attending the mother in	1961
collaboration with a physician, the decision may be made by the	1962
nurse-midwife. Decisions regarding early discharge shall be made	1963
only after conferring with the mother or a person responsible for	1964
the mother or newborn. For purposes of this division, a person	1965
responsible for the mother or newborn may include a parent,	1966
guardian, or any other person with authority to make medical	1967
decisions for the mother or newborn.	1968

(C)(1) No sickness and accident insurer may do either of the	1969
following:	1970

(a) Terminate the participation of a health care	1971
professional or health care facility as a provider under a	1972
sickness and accident insurance policy solely for making	1973
recommendations for inpatient or follow-up care for a particular	1974
mother or newborn that are consistent with the care required to be	1975
covered by this section;	1976

(b) Establish or offer monetary or other financial	1977
incentives for the purpose of encouraging a person to decline the	1978
inpatient or follow-up care required to be covered by this	1979
section.	1980

(2) Whoever violates division (C)(1)(a) or (b) of this	1981
section has engaged in an unfair and deceptive act or practice in	1982
the business of insurance under sections 3901.19 to 3901.26 of the	1983
Revised Code.	1984

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

1985

(1) Require a policy to cover inpatient or follow-up care	1986
that is not received in accordance with the policy's terms	1987
pertaining to the health care professionals and facilities from	1988
which an individual is authorized to receive health care services;	1989

(2) Require a mother or newborn to stay in a hospital or	1990
other inpatient setting for a fixed period of time following	1991
delivery;	1992

(3) Require a child to be delivered in a hospital or other	1993
inpatient setting;	1994

(4) Authorize a nurse-midwife to practice beyond the	1995
authority to practice nurse-midwifery in accordance with Chapter	1996
4723. of the Revised Code;	1997

(5) Establish minimum standards of medical diagnosis, care	1998
or treatment for inpatient or follow-up care for a mother or	1999
newborn. A deviation from the care required to be covered under	2000
this section shall not, solely on the basis of this section, give	2001
rise to a medical claim or derivative medical claim, as those	2002
terms are defined in section 2305.112305.113 of the Revised Code.	2003

Sec. 3923.64.  (A) Notwithstanding section 3901.71 of the	2004
Revised Code, each public employee benefit plan established or	2005
modified in this state that provides maternity benefits shall	2006
provide coverage of inpatient care and follow-up care for a mother	2007
and her newborn as follows:	2008

(1) The plan shall cover a minimum of forty-eight hours of	2009
inpatient care following a normal vaginal delivery and a minimum	2010
of ninety-six hours of inpatient care following a cesarean	2011
delivery. Services covered as inpatient care shall include	2012
medical, educational, and any other services that are consistent	2013
with the inpatient care recommended in the protocols and	2014
guidelines developed by national organizations that represent	2015
pediatric, obstetric, and nursing professionals.	2016

(2) The plan shall cover a physician-directed source of	2017
follow-up care. Services covered as follow-up care shall include	2018
physical assessment of the mother and newborn, parent education,	2019
assistance and training in breast or bottle feeding, assessment of	2020
the home support system, performance of any medically necessary	2021
and appropriate clinical tests, and any other services that are	2022
consistent with the follow-up care recommended in the protocols	2023
and guidelines developed by national organizations that represent	2024
pediatric, obstetric, and nursing professionals. The coverage	2025
shall apply to services provided in a medical setting or through	2026
home health care visits. The coverage shall apply to a home	2027
health care visit only if the health care professional who	2028
conducts the visit is knowledgeable and experienced in maternity	2029
and newborn care.	2030

When a decision is made in accordance with division (B) of	2031
this section to discharge a mother or newborn prior to the	2032
expiration of the applicable number of hours of inpatient care	2033
required to be covered, the coverage of follow-up care shall apply	2034
to all follow-up care that is provided within seventy-two hours	2035
after discharge. When a mother or newborn receives at least the	2036
number of hours of inpatient care required to be covered, the	2037
coverage of follow-up care shall apply to follow-up care that is	2038
determined to be medically necessary by the health care	2039
professionals responsible for discharging the mother or newborn.	2040

(B) Any decision to shorten the length of inpatient stay to	2041
less than that specified under division (A)(1) of this section	2042
shall be made by the physician attending the mother or newborn,	2043
except that if a nurse-midwife is attending the mother in	2044
collaboration with a physician, the decision may be made by the	2045
nurse-midwife. Decisions regarding early discharge shall be made	2046
only after conferring with the mother or a person responsible for	2047
the mother or newborn. For purposes of this division, a person	2048
responsible for the mother or newborn may include a parent,	2049
guardian, or any other person with authority to make medical	2050
decisions for the mother or newborn.	2051

(C)(1) No public employer who offers an employee benefit	2052
plan may do either of the following:	2053

(a) Terminate the participation of a health care	2054
professional or health care facility as a provider under the plan	2055
solely for making recommendations for inpatient or follow-up care	2056
for a particular mother or newborn that are consistent with the	2057
care required to be covered by this section;	2058

(b) Establish or offer monetary or other financial	2059
incentives for the purpose of encouraging a person to decline the	2060
inpatient or follow-up care required to be covered by this	2061
section.	2062

(2) Whoever violates division (C)(1)(a) or (b) of this	2063
section has engaged in an unfair and deceptive act or practice in	2064
the business of insurance under sections 3901.19 to 3901.26 of the	2065
Revised Code.	2066

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

2067

(1) Require a plan to cover inpatient or follow-up care that	2068
is not received in accordance with the plan's terms pertaining to	2069
the health care professionals and facilities from which an	2070
individual is authorized to receive health care services;	2071

(2) Require a mother or newborn to stay in a hospital or	2072
other inpatient setting for a fixed period of time following	2073
delivery;	2074

(3) Require a child to be delivered in a hospital or other	2075
inpatient setting;	2076

(4) Authorize a nurse-midwife to practice beyond the	2077
authority to practice nurse-midwifery in accordance with Chapter	2078
4723. of the Revised Code;	2079

(5) Establish minimum standards of medical diagnosis, care,	2080
or treatment for inpatient or follow-up care for a mother or	2081
newborn. A deviation from the care required to be covered under	2082
this section shall not, solely on the basis of this section, give	2083
rise to a medical claim or derivative medical claim, as those	2084
terms are defined in section 2305.112305.113 of the Revised Code.	2085

Sec. 3929.71.  As used in sections 3929.71 to 3929.85 of the	2086
Revised Code, or any rules adopted pursuant thereto:	2087

(A) "Medical malpractice insurance" means insurance coverage	2088
against the legal liability of the insured and against loss,	2089
damage, or expense incident to a claim arising out of the death,	2090
disease, or injury of any person as the result of negligence or	2091
malpractice in rendering professional service by any licensed	2092
physician, podiatrist, or hospital, as those terms are defined in	2093
section 2305.112305.113 of the Revised Code.	2094

(B) "Association" means the nonprofit unincorporated joint	2095
underwriting association established pursuant to section 3929.72	2096
of the Revised Code.	2097

(C) "Net direct premiums" means gross direct premiums	2098
written on liability insurance including the liability component	2099
of multiple peril package policies as computed by the	2100
superintendent of insurance less return premiums or the unused or	2101
unabsorbed portions of premium deposits.	2102

Sec. 4705.15.  (A) As used in this section:

2103

(1) "Contingent fee agreement" means an agreement for the	2104
provision of legal services by an attorney under which the	2105
compensation of the attorney is contingent, in whole or in part,	2106
upon a judgment being rendered in favor of or a settlement being	2107
obtained for the client and is either a fixed amount or an amount	2108
to be determined by a specified formula, including, but not	2109
limited to, a percentage of any judgment rendered in favor of or	2110
settlement obtained for the client.	2111

(2) "Tort action" means a civil action for damages for	2112
injury, death, or loss to person or property. "Tort action"	2113
includes a product liability claim that is subject to sections	2114
2307.71 to 2307.80 of the Revised Code, but does not include a	2115
civil action for damages for a breach of contract or another	2116
agreement between persons.	2117

(3) "Medical claim," "dental claim," "optometric claim," and	2118
"chiropractic claim" have the same meanings as in section 2305.11	2119
of the Revised Code.	2120

(4) "Recovered" means the net sum recovered on a claim after	2121
deducting any disbursements, costs, and expenses incurred in	2122
connection with the prosecution or settlement of the claim. Costs	2123
of medical care incurred by the plaintiff and the attorney's	2124
office overhead costs or charges are not deductible disbursements	2125
or costs for the purposes of this division.	2126

(B) If an attorney and a client contract for the provision	2127
of legal services in connection with a claim that is or may become	2128
the basis of a tort action and if the contract includes a	2129
contingent fee agreement, that agreement shall be reduced to	2130
writing and signed by the attorney and the client. The attorney	2131
shall provide a copy of the signed writing to the client.	2132

(C)(1) If an attorney and a client contract for the	2133
provision of legal services in connection with a medical claim,	2134
dental claim, optometric claim, or chiropractic claim that may	2135
become the basis of a tort action and if the contract includes a	2136
contingent fee agreement, that agreement shall not provide for the	2137
payment of a fee that exceeds, and the attorney shall not collect	2138
a contingency fee for representing the client in excess of, the	2139
following limits:	2140

(a) Thirty-five per cent of the first one hundred thousand	2141
dollars recovered on the claim;	2142

(b) Twenty-five per cent of the next five hundred thousand	2143
dollars recovered on the claim;	2144

(c) Fifteen per cent of any amount on which the recovery on	2145
the claim exceeds six hundred thousand dollars.	2146

(2) The limits in division (C)(1) of this section shall	2147
apply regardless of whether the recovery is by settlement,	2148
arbitration, or judgment or whether the person for whom the	2149
recovery is made is a responsible adult, an infant, or a person of	2150
unsound mind.	2151

(D) If an attorney represents a client in connection with a	2152
claim as described in division (B) or (C) of this section, if	2153
their contract for the provision of legal services includes a	2154
contingent fee agreement, and if the attorney becomes entitled to	2155
compensation under that agreement, the attorney shall prepare a	2156
signed closing statement and shall provide the client with that	2157
statement at the time of or prior to the receipt of compensation	2158
under that agreement. The closing statement shall specify the	2159
manner in which the compensation of the attorney was determined	2160
under that agreement, any costs and expenses deducted by the	2161
attorney from the judgment or settlement involved, any proposed	2162
division of the attorney's fees, costs, and expenses with	2163
referring or associated counsel, and any other information that	2164
the attorney considers appropriate.	2165

Sec. 5111.018.  (A) The provision of medical assistance	2166
under this chapter shall include coverage of inpatient care and	2167
follow-up care for a mother and her newborn as follows:	2168

(1) The medical assistance program shall cover a minimum of	2169
forty-eight hours of inpatient care following a normal vaginal	2170
delivery and a minimum of ninety-six hours of inpatient care	2171
following a cesarean delivery. Services covered as inpatient care	2172
shall include medical, educational, and any other services that	2173
are consistent with the inpatient care recommended in the	2174
protocols and guidelines developed by national organizations that	2175
represent pediatric, obstetric, and nursing professionals.	2176

(2) The medical assistance program shall cover a	2177
physician-directed source of follow-up care. Services covered as	2178
follow-up care shall include physical assessment of the mother and	2179
newborn, parent education, assistance and training in breast or	2180
bottle feeding, assessment of the home support system, performance	2181
of any medically necessary and appropriate clinical tests, and any	2182
other services that are consistent with the follow-up care	2183
recommended in the protocols and guidelines developed by national	2184
organizations that represent pediatric, obstetric, and nursing	2185
professionals. The coverage shall apply to services provided in a	2186
medical setting or through home health care visits. The coverage	2187
shall apply to a home health care visit only if the health care	2188
professional who conducts the visit is knowledgeable and	2189
experienced in maternity and newborn care.	2190

When a decision is made in accordance with division (B) of	2191
this section to discharge a mother or newborn prior to the	2192
expiration of the applicable number of hours of inpatient care	2193
required to be covered, the coverage of follow-up care shall apply	2194
to all follow-up care that is provided within forty-eight hours	2195
after discharge. When a mother or newborn receives at least the	2196
number of hours of inpatient care required to be covered, the	2197
coverage of follow-up care shall apply to follow-up care that is	2198
determined to be medically necessary by the health care	2199
professionals responsible for discharging the mother or newborn.	2200

(B) Any decision to shorten the length of inpatient stay to	2201
less than that specified under division (A)(1) of this section	2202
shall be made by the physician attending the mother or newborn,	2203
except that if a nurse-midwife is attending the mother in	2204
collaboration with a physician, the decision may be made by the	2205
nurse-midwife. Decisions regarding early discharge shall be made	2206
only after conferring with the mother or a person responsible for	2207
the mother or newborn. For purposes of this division, a person	2208
responsible for the mother or newborn may include a parent,	2209
guardian, or any other person with authority to make medical	2210
decisions for the mother or newborn.	2211

(C) The department of job and family services, in	2212
administering the medical assistance program, may not do either of	2213
the following:	2214

(1) Terminate the participation of a health care	2215
professional or health care facility as a provider under the	2216
program solely for making recommendations for inpatient or	2217
follow-up care for a particular mother or newborn that are	2218
consistent with the care required to be covered by this section;	2219

(2) Establish or offer monetary or other financial	2220
incentives for the purpose of encouraging a person to decline the	2221
inpatient or follow-up care required to be covered by this	2222
section.	2223

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

2224

(1) Require the medical assistance program to cover	2225
inpatient or follow-up care that is not received in accordance	2226
with the program's terms pertaining to the health care	2227
professionals and facilities from which an individual is	2228
authorized to receive health care services.	2229

(2) Require a mother or newborn to stay in a hospital or	2230
other inpatient setting for a fixed period of time following	2231
delivery;	2232

(3) Require a child to be delivered in a hospital or other	2233
inpatient setting;	2234

(4) Authorize a nurse-midwife to practice beyond the	2235
authority to practice nurse-midwifery in accordance with Chapter	2236
4723. of the Revised Code;	2237

(5) Establish minimum standards of medical diagnosis, care,	2238
or treatment for inpatient or follow-up care for a mother or	2239
newborn. A deviation from the care required to be covered under	2240
this section shall not, on the basis of this section, give rise to	2241
a medical claim or derivative medical claim, as those terms are	2242
defined in section 2305.112305.113 of the Revised Code.	2243

Section 2. That existing sections 1751.67, 2117.06, 2305.11,	2244
2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22,	2245
2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64,	2246
3929.71, 4705.15, and 5111.018, and sections 2305.27 and 2323.57	2247
of the Revised Code are hereby repealed.	2248

Section 3.  Section 2117.06 of the Revised Code is presented	2249
in this act as a composite of the section as amended by both Sub.	2250
H.B. 85 and Sub. S.B. 108 of the 124th General Assembly. The	2251
General Assembly, applying the principle stated in division (B) of	2252
section 1.52 of the Revised Code that amendments are to be	2253
harmonized if reasonably capable of simultaneous operation, finds	2254
that the composite is the resulting version of the section in	2255
effect prior to the effective date of the section as presented in	2256
this act.	2257