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

To amend sections 1751.67, 2117.06, 2305.11, 2305.15,

1

2305.234, 2317.02, 2317.54, 2323.56, 2711.21,

2

2711.22, 2711.23, 2711.24, 2743.02, 2743.43,

3

2919.16, 3923.63, 3923.64, 3929.71, and 5111.018,

4

to enact sections 2303.23, 2305.113, 2323.41,

5

2323.42, 2323.43, 2323.55, 3929.88, and to repeal

6

sections 2305.27 and 2323.57 of the Revised Code

7

relative to medical claims, dental claims,

8

optometric claims, and chiropractic claims.

9

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

Section 1. That sections 1751.67, 2117.06, 2305.11, 2305.15,	10
2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23,	11
2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, and	12
5111.018 be amended and sections 2303.23, 2305.113, 2323.41,	13
2323.42, 2323.43, 2323.55, and 3929.88 of the Revised Code be	14
enacted to read as follows:	15

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

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

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

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

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

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

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

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

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

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

79

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

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

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

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

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

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

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

105

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The style and number of the case;

195

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

196

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

(4) The current status of the case;

199

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

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

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

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

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

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

Sec. 2305.11.  (A) An action for libel, slander, malicious	226
prosecution, or false imprisonment, an action for malpractice	227
other than an action upon a medical, dental, optometric, or	228
chiropractic claim, or an action upon a statute for a penalty or	229
forfeiture shall be commenced within one year after the cause of	230
action accrued, provided that an action by an employee for the	231
payment of unpaid minimum wages, unpaid overtime compensation, or	232
liquidated damages by reason of the nonpayment of minimum wages or	233
overtime compensation shall be commenced within two years after	234
the cause of action accrued.	235

(B)(1) Subject to division (B)(2) of this section, an action	236
upon a medical, dental, optometric, or chiropractic claim shall be	237
commenced within one year after the cause of action accrued,	238
except that, if prior to the expiration of that one-year period, a	239
claimant who allegedly possesses a medical, dental, optometric, or	240
chiropractic claim gives to the person who is the subject of that	241
claim written notice that the claimant is considering bringing an	242
action upon that claim, that action may be commenced against the	243
person notified at any time within one hundred eighty days after	244
the notice is so given.	245

(2) Except as to persons within the age of minority or of	246
unsound mind, as provided by section 2305.16 of the Revised Code:	247

(a) In no event shall any action upon a medical, dental,	248
optometric, or chiropractic claim be commenced more than four	249
years after the occurrence of the act or omission constituting the	250
alleged basis of the medical, dental, optometric, or chiropractic	251
claim.	252

(b) If an action upon a medical, dental, optometric, or	253
chiropractic claim is not commenced within four years after the	254
occurrence of the act or omission constituting the alleged basis	255
of the medical, dental, optometric, or chiropractic claim, then,	256
notwithstanding the time when the action is determined to accrue	257
under division (B)(1) of this section, any action upon that claim	258
is barred.	259

(C) A civil action for unlawful abortion pursuant to section	260
2919.12 of the Revised Code, a civil action authorized by division	261
(H) of section 2317.56 of the Revised Code, a civil action	262
pursuant to division (B)(1) or (2) of section 2307.51 of the	263
Revised Code for performing a dilation and extraction procedure or	264
attempting to perform a dilation and extraction procedure in	265
violation of section 2919.15 of the Revised Code, and a civil	266
action pursuant to division (B)(1) or (2) of section 2307.52 of	267
the Revised Code for terminating or attempting to terminate a	268
human pregnancy after viability in violation of division (A) or	269
(B) of section 2919.17 of the Revised Code shall be commenced	270
within one year after the performance or inducement of the	271
abortion, within one year after the attempt to perform or induce	272
the abortion in violation of division (A) or (B) of section	273
2919.17 of the Revised Code, within one year after the performance	274
of the dilation and extraction procedure, or, in the case of a	275
civil action pursuant to division (B)(2) of section 2307.51 of the	276
Revised Code, within one year after the attempt to perform the	277
dilation and extraction procedure.	278

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

279

(1) "Hospital" includes any person, corporation, association,	280
board, or authority that is responsible for the operation of any	281
hospital licensed or registered in the state, including, but not	282
limited to, those that are owned or operated by the state,	283
political subdivisions, any person, any corporation, or any	284
combination thereof. "Hospital" also includes any person,	285
corporation, association, board, entity, or authority that is	286
responsible for the operation of any clinic that employs a	287
full-time staff of physicians practicing in more than one	288
recognized medical specialty and rendering advice, diagnosis,	289
care, and treatment to individuals. "Hospital" does not include	290
any hospital operated by the government of the United States or	291
any of its branches.	292

(2) "Physician" means a person who is licensed to practice	293
medicine and surgery or osteopathic medicine and surgery by the	294
state medical board or a person who otherwise is authorized to	295
practice medicine and surgery or osteopathic medicine and surgery	296
in this state.	297

(3) "Medical claim" means any claim that is asserted in any	298
civil action against a physician, podiatrist, hospital, home, or	299
residential facility, against any employee or agent of a	300
physician, podiatrist, hospital, home, or residential facility,	301
or against a registered nurse or physical therapist, and that	302
arises out of the medical diagnosis, care, or treatment of any	303
person. "Medical claim" includes the following:	304

(a) Derivative claims for relief that arise from the medical	305
diagnosis, care, or treatment of a person;	306

(b) Claims that arise out of the medical diagnosis, care, or	307
treatment of any person and to which either of the following	308
apply:	309

(i) The claim results from acts or omissions in providing	310
medical care.	311

(ii) The claim results from the hiring, training,	312
supervision, retention, or termination of caregivers providing	313
medical diagnosis, care, or treatment.	314

(c) Claims that arise out of the medical diagnosis, care, or	315
treatment of any person and that are brought under section 3721.17	316
of the Revised Code.	317

(4) "Podiatrist" means any person who is licensed to practice	318
podiatric medicine and surgery by the state medical board.	319

(5) "Dentist" means any person who is licensed to practice	320
dentistry by the state dental board.	321

(6) "Dental claim" means any claim that is asserted in any	322
civil action against a dentist, or against any employee or agent	323
of a dentist, and that arises out of a dental operation or the	324
dental diagnosis, care, or treatment of any person. "Dental claim"	325
includes derivative claims for relief that arise from a dental	326
operation or the dental diagnosis, care, or treatment of a person.	327

(7) "Derivative claims for relief" include, but are not	328
limited to, claims of a parent, guardian, custodian, or spouse of	329
an individual who was the subject of any medical diagnosis, care,	330
or treatment, dental diagnosis, care, or treatment, dental	331
operation, optometric diagnosis, care, or treatment, or	332
chiropractic diagnosis, care, or treatment, that arise from that	333
diagnosis, care, treatment, or operation, and that seek the	334
recovery of damages for any of the following:	335

(a) Loss of society, consortium, companionship, care,	336
assistance, attention, protection, advice, guidance, counsel,	337
instruction, training, or education, or any other intangible loss	338
that was sustained by the parent, guardian, custodian, or spouse;	339

(b) Expenditures of the parent, guardian, custodian, or	340
spouse for medical, dental, optometric, or chiropractic care or	341
treatment, for rehabilitation services, or for other care,	342
treatment, services, products, or accommodations provided to the	343
individual who was the subject of the medical diagnosis, care, or	344
treatment, the dental diagnosis, care, or treatment, the dental	345
operation, the optometric diagnosis, care, or treatment, or the	346
chiropractic diagnosis, care, or treatment.	347

(8) "Registered nurse" means any person who is licensed to	348
practice nursing as a registered nurse by the state board of	349
nursing.	350

(9) "Chiropractic claim" means any claim that is asserted in	351
any civil action against a chiropractor, or against any employee	352
or agent of a chiropractor, and that arises out of the	353
chiropractic diagnosis, care, or treatment of any person.	354
"Chiropractic claim" includes derivative claims for relief that	355
arise from the chiropractic diagnosis, care, or treatment of a	356
person.	357

(10) "Chiropractor" means any person who is licensed to	358
practice chiropractic by the chiropractic examining board.	359

(11) "Optometric claim" means any claim that is asserted in	360
any civil action against an optometrist, or against any employee	361
or agent of an optometrist, and that arises out of the optometric	362
diagnosis, care, or treatment of any person. "Optometric claim"	363
includes derivative claims for relief that arise from the	364
optometric diagnosis, care, or treatment of a person.	365

(12) "Optometrist" means any person licensed to practice	366
optometry by the state board of optometry.	367

(13) "Physical therapist" means any person who is licensed to	368
practice physical therapy under Chapter 4755. of the Revised Code.	369

(14) "Home" has the same meaning as in section 3721.10 of	370
the Revised Code.	371

(15) "Residential facility" means a facility licensed under	372
section 5123.19 of the Revised Code, "medical claim," "dental	373
claim," "optometric claim," and "chiropractic claim" have the same	374
meanings as in section 2305.113 of the Revised Code.	375

Sec. 2305.113. (A) Except as otherwise provided in this	376
section, an action upon a medical, dental, optometric, or	377
chiropractic claim shall be commenced within one year after the	378
cause of action accrued.	379

(B)(1) If prior to the expiration of the one-year period	380
specified in division (A) of this section, a claimant who	381
allegedly possesses a medical, dental, optometric, or chiropractic	382
claim gives to the person who is the subject of that claim written	383
notice that the claimant is considering bringing an action upon	384
that claim, that action may be commenced against the person	385
notified at any time within one hundred eighty days after the	386
notice is so given.	387

(2) An insurance company shall not consider the existence or	389
nonexistence of a written notice described in division (B)(1) of	390
this section in setting the liability insurance premium rates that	391
the company may charge the company's insured person who is	392
notified by that written notice.	393

(C) Except as to persons within the age of minority or of	394
unsound mind as provided by section 2305.16 of the Revised Code,	395
and except as provided in division (D) of this section, both of	396
the following apply:	397

(1) No action upon a medical, dental, optometric, or	398
chiropractic claim shall be commenced more than four years after	399
the occurrence of the act or omission constituting the alleged	400
basis of the medical, dental, optometric, or chiropractic claim.	401

(2) If an action upon a medical, dental, optometric, or	402
chiropractic claim is not commenced within four years after the	403
occurrence of the act or omission constituting the alleged basis	404
of the medical, dental, optometric, or chiropractic claim, then,	405
any action upon that claim is barred.	406

(D)(1) Subject to division (D)(2) of this section, if a	407
person making a medical claim, dental claim, optometric claim, or	408
chiropractic claim, in the exercise of reasonable care and	409
diligence, could not have discovered the injury resulting from the	410
act or omission constituting the alleged basis of the claim within	411
the four-year period specified in division (C)(1) of this section,	412
the person may commence an action upon the claim not later than	413
one year after the person, in the exercise of reasonable care and	414
diligence, discovered or should have discovered the injury	415
resulting from that act or omission.	416

(2) If a person making a medical claim, dental claim,	417
optometric claim, or chiropractic claim, in the exercise of	418
reasonable care and diligence, could not have discovered the	419
injury resulting from the act or omission constituting the alleged	420
basis of the claim within three years after the occurrence of the	421
act or omission, but, in the exercise of reasonable care and	422
diligence, discovers the injury resulting from that act or	423
omission before the expiration of the four-year period specified	424
in division (C)(1) of this section, the person may commence an	425
action upon the claim not later than one year after the person	426
discovers the injury resulting from that act or omission.	427

(3) A person who commences an action upon a medical claim,	428
dental claim, optometric claim, or chiropractic claim under the	429
circumstances described in division (D)(1) or (2) of this section	430
has the affirmative burden of proving, by clear and convincing	431
evidence, that the person, with reasonable care and diligence,	432
could not have discovered the injury resulting from the act or	433
omission constituting the alleged basis of the claim within the	434
four-year period described in division (D)(1) of this section or	435
the three-year period described in division (D)(2) of this	436
section, whichever is applicable.	437

(E) As used in this section:

438

(1) "Hospital" includes any person, corporation,	439
association, board, or authority that is responsible for the	440
operation of any hospital licensed or registered in the state,	441
including, but not limited to, those that are owned or operated by	442
the state, political subdivisions, any person, any corporation, or	443
any combination of the state, political subdivisions, persons, and	444
corporations. "Hospital" also includes any person, corporation,	445
association, board, entity, or authority that is responsible for	446
the operation of any clinic that employs a full-time staff of	447
physicians practicing in more than one recognized medical	448
specialty and rendering advice, diagnosis, care, and treatment to	449
individuals. "Hospital" does not include any hospital operated by	450
the government of the United States or any of its branches.	451

(2) "Physician" means a person who is licensed to practice	452
medicine and surgery or osteopathic medicine and surgery by the	453
state medical board or a person who otherwise is authorized to	454
practice medicine and surgery or osteopathic medicine and surgery	455
in this state.	456

(3) "Medical claim" means any claim that is asserted in any	457
civil action against a physician, podiatrist, hospital, home, or	458
residential facility, against any employee or agent of a	459
physician, podiatrist, hospital, home, or residential facility, or	460
against a licensed practical nurse, registered nurse, advanced	461
practice nurse, physical therapist, physician assistant, emergency	462
medical technician-basic, emergency medical	463
technician-intermediate, or emergency medical	464
technician-paramedic, and that arises out of the medical	465
diagnosis, care, or treatment of any person. "Medical claim"	466
includes the following:	467

(a) Derivative claims for relief that arise from the medical	468
diagnosis, care, or treatment of a person;	469

(b) Claims that arise out of the medical diagnosis, care, or	470
treatment of any person and to which either of the following	471
applies:	472

(i) The claim results from acts or omissions in providing	473
medical care.	474

(ii) The claim results from the hiring, training,	475
supervision, retention, or termination of caregivers providing	476
medical diagnosis, care, or treatment.	477

(c) Claims that arise out of the medical diagnosis, care, or	478
treatment of any person and that are brought under section 3721.17	479
of the Revised Code.	480

(4) "Podiatrist" means any person who is licensed to practice	481
podiatric medicine and surgery by the state medical board.	482

(5) "Dentist" means any person who is licensed to practice	483
dentistry by the state dental board.	484

(6) "Dental claim" means any claim that is asserted in any	485
civil action against a dentist, or against any employee or agent	486
of a dentist, and that arises out of a dental operation or the	487
dental diagnosis, care, or treatment of any person. "Dental claim"	488
includes derivative claims for relief that arise from a dental	489
operation or the dental diagnosis, care, or treatment of a person.	490

(7) "Derivative claims for relief" include, but are not	491
limited to, claims of a parent, guardian, custodian, or spouse of	492
an individual who was the subject of any medical diagnosis, care,	493
or treatment, dental diagnosis, care, or treatment, dental	494
operation, optometric diagnosis, care, or treatment, or	495
chiropractic diagnosis, care, or treatment, that arise from that	496
diagnosis, care, treatment, or operation, and that seek the	497
recovery of damages for any of the following:	498

(a) Loss of society, consortium, companionship, care,	499
assistance, attention, protection, advice, guidance, counsel,	500
instruction, training, or education, or any other intangible loss	501
that was sustained by the parent, guardian, custodian, or spouse;	502

(b) Expenditures of the parent, guardian, custodian, or	503
spouse for medical, dental, optometric, or chiropractic care or	504
treatment, for rehabilitation services, or for other care,	505
treatment, services, products, or accommodations provided to the	506
individual who was the subject of the medical diagnosis, care, or	507
treatment, the dental diagnosis, care, or treatment, the dental	508
operation, the optometric diagnosis, care, or treatment, or the	509
chiropractic diagnosis, care, or treatment.	510

(8) "Registered nurse" means any person who is licensed to	511
practice nursing as a registered nurse by the state board of	512
nursing.	513

(9) "Chiropractic claim" means any claim that is asserted in	514
any civil action against a chiropractor, or against any employee	515
or agent of a chiropractor, and that arises out of the	516
chiropractic diagnosis, care, or treatment of any person.	517
"Chiropractic claim" includes derivative claims for relief that	518
arise from the chiropractic diagnosis, care, or treatment of a	519
person.	520

(10) "Chiropractor" means any person who is licensed to	521
practice chiropractic by the chiropractic examining board.	522

(11) "Optometric claim" means any claim that is asserted in	523
any civil action against an optometrist, or against any employee	524
or agent of an optometrist, and that arises out of the optometric	525
diagnosis, care, or treatment of any person. "Optometric claim"	526
includes derivative claims for relief that arise from the	527
optometric diagnosis, care, or treatment of a person.	528

(12) "Optometrist" means any person licensed to practice	529
optometry by the state board of optometry.	530

(13) "Physical therapist" means any person who is licensed to	531
practice physical therapy under Chapter 4755. of the Revised Code.	532

(14) "Home" has the same meaning as in section 3721.10 of	533
the Revised Code.	534

(15) "Residential facility" means a facility licensed under	535
section 5123.19 of the Revised Code.	536

(16) "Advanced practice nurse" means any certified nurse	537
practitioner, clinical nurse specialist, or certified registered	538
nurse anesthetist, or a certified nurse-midwife certified by the	539
board of nursing under section 4723.41 of the Revised Code.	540

(17) "Licensed practical nurse" means any person who is	541
licensed to practice nursing as a licensed practical nurse by the	542
state board of nursing pursuant to Chapter 4723. of the Revised	543
Code.	544

(18) "Physician assistant" means any person who holds a	545
valid certificate of registration or temporary certificate of	546
registration issued pursuant to Chapter 4730. of the Revised Code.	547

(19) "Emergency medical technician-basic," "emergency	548
medical technician-intermediate," and "emergency medical	549
technician-paramedic" means any person who is certified under	550
Chapter 4765. of the Revised Code as an emergency medical	551
technician-basic, emergency medical technician-intermediate, or	552
emergency medical technician-paramedic, whichever is applicable.	553

Sec. 2305.15.  (A) When a cause of action accrues against a	554
person, if hethe person is out of the state, has absconded, or	555
conceals himselfself, the period of limitation for the	556
commencement of the action as provided in sections 2305.04 to	557
2305.14, 1302.98, and 1304.35 of the Revised Code does not begin	558
to run until hethe person comes into the state or while hethe	559
person is so absconded or concealed. After the cause of action	560
accrues if hethe person departs from the state, absconds, or	561
conceals himselfself, the time of histhe person's absence or	562
concealment shall not be computed as any part of a period within	563
which the action must be brought.	564

(B) When a person is imprisoned for the commission of any	565
offense, the time of histhe person's imprisonment shall not be	566
computed as any part of any period of limitation, as provided in	567
section 2305.09, 2305.10, 2305.11, 2305.113, or 2305.14 of the	568
Revised Code, within which any person must bring any action	569
against the imprisoned person.	570

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

571

(1) "Chiropractic claim," "medical claim," and "optometric	572
claim" have the same meanings as in section 2305.112305.113 of	573
the Revised Code.	574

(2) "Dental claim" has the same meaning as in section 2305.11	575
2305.113 of the Revised Code, except that it does not include any	576
claim arising out of a dental operation or any derivative claim	577
for relief that arises out of a dental operation.	578

(3) "Governmental health care program" has the same meaning	579
as in section 4731.65 of the Revised Code.	580

(4) "Health care professional" means any of the following who	581
provide medical, dental, or other health-related diagnosis, care,	582
or treatment:	583

(a) Physicians authorized under Chapter 4731. of the Revised	584
Code to practice medicine and surgery or osteopathic medicine and	585
surgery;	586

(b) Registered nurses, advanced practice nurses, and	587
licensed practical nurses licensed under Chapter 4723. of the	588
Revised Code;	589

(c) Physician assistants authorized to practice under	590
Chapter 4730. of the Revised Code;	591

(d) Dentists and dental hygienists licensed under Chapter	592
4715. of the Revised Code;	593

(e) Physical therapists licensed under Chapter 4755. of the	594
Revised Code;	595

(f) Chiropractors licensed under Chapter 4734. of the	596
Revised Code;	597

(g) Optometrists licensed under Chapter 4725. of the Revised	598
Code;	599

(h) Podiatrists authorized under Chapter 4731. of the	600
Revised Code to practice podiatry;	601

(i) Dietitians licensed under Chapter 4759. of the Revised	602
Code;	603

(j) Pharmacists licensed under Chapter 4729. of the Revised	604
Code;	605

(k) Emergency medical technicians-basic, emergency medical	606
technicians-intermediate, and emergency medical	607
technicians-paramedic, certified under Chapter 4765. of the	608
Revised Code.	609

(5) "Health care worker" means a person other than a health	610
care professional who provides medical, dental, or other	611
health-related care or treatment under the direction of a health	612
care professional with the authority to direct that individual's	613
activities, including medical technicians, medical assistants,	614
dental assistants, orderlies, aides, and individuals acting in	615
similar capacities.	616

(6) "Indigent and uninsured person" means a person who meets	617
all of the following requirements:	618

(a) The person's income is not greater than one hundred	619
fifty per cent of the current poverty line as defined by the	620
United States office of management and budget and revised in	621
accordance with section 673(2) of the "Omnibus Budget	622
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	623
amended.	624

(b) The person is not eligible to receive medical assistance	625
under Chapter 5111., disability assistance medical assistance	626
under Chapter 5115. of the Revised Code, or assistance under any	627
other governmental health care program.	628

(c) Either of the following applies:

629

(i) The person is not a policyholder, certificate holder,	630
insured, contract holder, subscriber, enrollee, member,	631
beneficiary, or other covered individual under a health insurance	632
or health care policy, contract, or plan.	633

(ii) The person is a policyholder, certificate holder,	634
insured, contract holder, subscriber, enrollee, member,	635
beneficiary, or other covered individual under a health insurance	636
or health care policy, contract, or plan, but the insurer, policy,	637
contract, or plan denies coverage or is the subject of insolvency	638
or bankruptcy proceedings in any jurisdiction.	639

(7) "Operation" means any procedure that involves cutting or	640
otherwise infiltrating human tissue by mechanical means, including	641
surgery, laser surgery, ionizing radiation, therapeutic	642
ultrasound, or the removal of intraocular foreign bodies.	643
"Operation" does not include the administration of medication by	644
injection, unless the injection is administered in conjunction	645
with a procedure infiltrating human tissue by mechanical means	646
other than the administration of medicine by injection.	647

(8) "Nonprofit shelter or health care facility" means a	648
charitable nonprofit corporation organized and operated pursuant	649
to Chapter 1702. of the Revised Code, or any charitable	650
organization not organized and not operated for profit, that	651
provides shelter, health care services, or shelter and health care	652
services to indigent and uninsured persons, except that "shelter	653
or health care facility" does not include a hospital as defined in	654
section 3727.01 of the Revised Code, a facility licensed under	655
Chapter 3721. of the Revised Code, or a medical facility that is	656
operated for profit.	657

(9) "Tort action" means a civil action for damages for	658
injury, death, or loss to person or property other than a civil	659
action for damages for a breach of contract or another agreement	660
between persons or government entities.	661

(10) "Volunteer" means an individual who provides any	662
medical, dental, or other health-care related diagnosis, care, or	663
treatment without the expectation of receiving and without receipt	664
of any compensation or other form of remuneration from an indigent	665
and uninsured person, another person on behalf of an indigent and	666
uninsured person, any shelter or health care facility, or any	667
other person or government entity.	668

(B)(1) Subject to divisions (E) and (F)(3) of this section,	669
a health care professional who is a volunteer and complies with	670
division (B)(2) of this section is not liable in damages to any	671
person or government entity in a tort or other civil action,	672
including an action on a medical, dental, chiropractic,	673
optometric, or other health-related claim, for injury, death, or	674
loss to person or property that allegedly arises from an action or	675
omission of the volunteer in the provision at a nonprofit shelter	676
or health care facility to an indigent and uninsured person of	677
medical, dental, or other health-related diagnosis, care, or	678
treatment, including the provision of samples of medicine and	679
other medical products, unless the action or omission constitutes	680
willful or wanton misconduct.	681

(2) To qualify for the immunity described in division (B)(1)	682
of this section, a health care professional shall do all of the	683
following prior to providing diagnosis, care, or treatment:	684

(a) Determine, in good faith, that the indigent and	685
uninsured person is mentally capable of giving informed consent to	686
the provision of the diagnosis, care, or treatment and is not	687
subject to duress or under undue influence;	688

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

689

(c) Obtain the informed consent of the person and a written	690
waiver, signed by the person or by another individual on behalf of	691
and in the presence of the person, that states that the person is	692
mentally competent to give informed consent and, without being	693
subject to duress or under undue influence, gives informed consent	694
to the provision of the diagnosis, care, or treatment subject to	695
the provisions of this section.	696

(3) A physician or podiatrist who is not covered by medical	697
malpractice insurance, but complies with division (B)(2) of this	698
section, is not required to comply with division (A) of section	699
4731.143 of the Revised Code.	700

(C) Subject to divisions (E) and (F)(3) of this section,	701
health care workers who are volunteers are not liable in damages	702
to any person or government entity in a tort or other civil	703
action, including an action upon a medical, dental, chiropractic,	704
optometric, or other health-related claim, for injury, death, or	705
loss to person or property that allegedly arises from an action or	706
omission of the health care worker in the provision at a nonprofit	707
shelter or health care facility to an indigent and uninsured	708
person of medical, dental, or other health-related diagnosis,	709
care, or treatment, unless the action or omission constitutes	710
willful or wanton misconduct.	711

(D) Subject to divisions (E) and (F)(3) of this section and	712
section 3701.071 of the Revised Code, a nonprofit shelter or	713
health care facility associated with a health care professional	714
described in division (B)(1) of this section or a health care	715
worker described in division (C) of this section is not liable in	716
damages to any person or government entity in a tort or other	717
civil action, including an action on a medical, dental,	718
chiropractic, optometric, or other health-related claim, for	719
injury, death, or loss to person or property that allegedly arises	720
from an action or omission of the health care professional or	721
worker in providing for the shelter or facility medical, dental,	722
or other health-related diagnosis, care, or treatment to an	723
indigent and uninsured person, unless the action or omission	724
constitutes willful or wanton misconduct.	725

(E)(1) Except as provided in division (E)(2) of this	726
section, the immunities provided by divisions (B), (C), and (D) of	727
this section are not available to an individual or to a nonprofit	728
shelter or health care facility if, at the time of an alleged	729
injury, death, or loss to person or property, the individuals	730
involved are providing one of the following:	731

(a) Any medical, dental, or other health-related diagnosis,	732
care, or treatment pursuant to a community service work order	733
entered by a court under division (F) of section 2951.02 of the	734
Revised Code as a condition of probation or other suspension of a	735
term of imprisonment or imposed by a court as a community control	736
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	737
Code.	738

(b) Performance of an operation.

739

(c) Delivery of a baby.

740

(2) Division (E)(1) of this section does not apply to an	741
individual who provides, or a nonprofit shelter or health care	742
facility at which the individual provides, diagnosis, care, or	743
treatment that is necessary to preserve the life of a person in a	744
medical emergency.	745

(F)(1) This section does not create a new cause of action or	746
substantive legal right against a health care professional, health	747
care worker, or nonprofit shelter or health care facility.	748

(2) This section does not affect any immunities from civil	749
liability or defenses established by another section of the	750
Revised Code or available at common law to which an individual or	751
a nonprofit shelter or health care facility may be entitled in	752
connection with the provision of emergency or other diagnosis,	753
care, or treatment.	754

(3) This section does not grant an immunity from tort or	755
other civil liability to an individual or a nonprofit shelter or	756
health care facility for actions that are outside the scope of	757
authority of health care professionals or health care workers.	758

(4) This section does not affect any legal responsibility of	759
a health care professional or health care worker to comply with	760
any applicable law of this state or rule of an agency of this	761
state.	762

(5) This section does not affect any legal responsibility of	763
a nonprofit shelter or health care facility to comply with any	764
applicable law of this state, rule of an agency of this state, or	765
local code, ordinance, or regulation that pertains to or regulates	766
building, housing, air pollution, water pollution, sanitation,	767
health, fire, zoning, or safety.	768

Sec. 2317.02.  The following persons shall not testify in	769
certain respects:	770

(A) An attorney, concerning a communication made to the	771
attorney by a client in that relation or the attorney's advice to	772
a client, except that the attorney may testify by express consent	773
of the client or, if the client is deceased, by the express	774
consent of the surviving spouse or the executor or administrator	775
of the estate of the deceased client and except that, if the	776
client voluntarily testifies or is deemed by section 2151.421 of	777
the Revised Code to have waived any testimonial privilege under	778
this division, the attorney may be compelled to testify on the	779
same subject;	780

(B)(1) A physician or a dentist concerning a communication	781
made to the physician or dentist by a patient in that relation or	782
the physician's or dentist's advice to a patient, except as	783
otherwise provided in this division, division (B)(2), and division	784
(B)(3) of this section, and except that, if the patient is deemed	785
by section 2151.421 of the Revised Code to have waived any	786
testimonial privilege under this division, the physician may be	787
compelled to testify on the same subject.	788

The testimonial privilege established under this division	789
does not apply, and a physician or dentist may testify or may be	790
compelled to testify, in any of the following circumstances:	791

(a) In any civil action, in accordance with the discovery	792
provisions of the Rules of Civil Procedure in connection with a	793
civil action, or in connection with a claim under Chapter 4123. of	794
the Revised Code, under any of the following circumstances:	795

(i) If the patient or the guardian or other legal	796
representative of the patient gives express consent;	797

(ii) If the patient is deceased, the spouse of the patient	798
or the executor or administrator of the patient's estate gives	799
express consent;	800

(iii) If a medical claim, dental claim, chiropractic claim,	801
or optometric claim, as defined in section 2305.112305.113 of the	802
Revised Code, an action for wrongful death, any other type of	803
civil action, or a claim under Chapter 4123. of the Revised Code	804
is filed by the patient, the personal representative of the estate	805
of the patient if deceased, or the patient's guardian or other	806
legal representative.	807

(b) In any civil action concerning court-ordered treatment	808
or services received by a patient, if the court-ordered treatment	809
or services were ordered as part of a case plan journalized under	810
section 2151.412 of the Revised Code or the court-ordered	811
treatment or services are necessary or relevant to dependency,	812
neglect, or abuse or temporary or permanent custody proceedings	813
under Chapter 2151. of the Revised Code.	814

(c) In any criminal action concerning any test or the	815
results of any test that determines the presence or concentration	816
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	817
patient's blood, breath, urine, or other bodily substance at any	818
time relevant to the criminal offense in question.	819

(d) In any criminal action against a physician or dentist.	820
In such an action, the testimonial privilege established under	821
this division does not prohibit the admission into evidence, in	822
accordance with the Rules of Evidence, of a patient's medical or	823
dental records or other communications between a patient and the	824
physician or dentist that are related to the action and obtained	825
by subpoena, search warrant, or other lawful means. A court that	826
permits or compels a physician or dentist to testify in such an	827
action or permits the introduction into evidence of patient	828
records or other communications in such an action shall require	829
that appropriate measures be taken to ensure that the	830
confidentiality of any patient named or otherwise identified in	831
the records is maintained. Measures to ensure confidentiality	832
that may be taken by the court include sealing its records or	833
deleting specific information from its records.	834

(2)(a) If any law enforcement officer submits a written	835
statement to a health care provider that states that an official	836
criminal investigation has begun regarding a specified person or	837
that a criminal action or proceeding has been commenced against a	838
specified person, that requests the provider to supply to the	839
officer copies of any records the provider possesses that pertain	840
to any test or the results of any test administered to the	841
specified person to determine the presence or concentration of	842
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	843
person's blood, breath, or urine at any time relevant to the	844
criminal offense in question, and that conforms to section	845
2317.022 of the Revised Code, the provider, except to the extent	846
specifically prohibited by any law of this state or of the United	847
States, shall supply to the officer a copy of any of the requested	848
records the provider possesses. If the health care provider does	849
not possess any of the requested records, the provider shall give	850
the officer a written statement that indicates that the provider	851
does not possess any of the requested records.	852

(b) If a health care provider possesses any records of the	853
type described in division (B)(2)(a) of this section regarding the	854
person in question at any time relevant to the criminal offense in	855
question, in lieu of personally testifying as to the results of	856
the test in question, the custodian of the records may submit a	857
certified copy of the records, and, upon its submission, the	858
certified copy is qualified as authentic evidence and may be	859
admitted as evidence in accordance with the Rules of Evidence.	860
Division (A) of section 2317.422 of the Revised Code does not	861
apply to any certified copy of records submitted in accordance	862
with this division. Nothing in this division shall be construed	863
to limit the right of any party to call as a witness the person	864
who administered the test to which the records pertain, the person	865
under whose supervision the test was administered, the custodian	866
of the records, the person who made the records, or the person	867
under whose supervision the records were made.	868

(3)(a) If the testimonial privilege described in division	869
(B)(1) of this section does not apply as provided in division	870
(B)(1)(a)(iii) of this section, a physician or dentist may be	871
compelled to testify or to submit to discovery under the Rules of	872
Civil Procedure only as to a communication made to the physician	873
or dentist by the patient in question in that relation, or the	874
physician's or dentist's advice to the patient in question, that	875
related causally or historically to physical or mental injuries	876
that are relevant to issues in the medical claim, dental claim,	877
chiropractic claim, or optometric claim, action for wrongful	878
death, other civil action, or claim under Chapter 4123. of the	879
Revised Code.	880

(b) If the testimonial privilege described in division	881
(B)(1) of this section does not apply to a physician or dentist as	882
provided in division (B)(1)(c) of this section, the physician or	883
dentist, in lieu of personally testifying as to the results of the	884
test in question, may submit a certified copy of those results,	885
and, upon its submission, the certified copy is qualified as	886
authentic evidence and may be admitted as evidence in accordance	887
with the Rules of Evidence. Division (A) of section 2317.422 of	888
the Revised Code does not apply to any certified copy of results	889
submitted in accordance with this division. Nothing in this	890
division shall be construed to limit the right of any party to	891
call as a witness the person who administered the test in	892
question, the person under whose supervision the test was	893
administered, the custodian of the results of the test, the person	894
who compiled the results, or the person under whose supervision	895
the results were compiled.	896

(4) The testimonial privilege described in division (B)(1)	897
of this section is not waived when a communication is made by a	898
physician to a pharmacist or when there is communication between a	899
patient and a pharmacist in furtherance of the physician-patient	900
relation.	901

(5)(a) As used in divisions (B)(1) to (4) of this section,	902
"communication" means acquiring, recording, or transmitting any	903
information, in any manner, concerning any facts, opinions, or	904
statements necessary to enable a physician or dentist to diagnose,	905
treat, prescribe, or act for a patient. A "communication" may	906
include, but is not limited to, any medical or dental, office, or	907
hospital communication such as a record, chart, letter,	908
memorandum, laboratory test and results, x-ray, photograph,	909
financial statement, diagnosis, or prognosis.	910

(b) As used in division (B)(2) of this section, "health care	911
provider" means a hospital, ambulatory care facility, long-term	912
care facility, pharmacy, emergency facility, or health care	913
practitioner.	914

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

915

(i) "Ambulatory care facility" means a facility that provides	916
medical, diagnostic, or surgical treatment to patients who do not	917
require hospitalization, including a dialysis center, ambulatory	918
surgical facility, cardiac catheterization facility, diagnostic	919
imaging center, extracorporeal shock wave lithotripsy center, home	920
health agency, inpatient hospice, birthing center, radiation	921
therapy center, emergency facility, and an urgent care center.	922
"Ambulatory health care facility" does not include the private	923
office of a physician or dentist, whether the office is for an	924
individual or group practice.	925

(ii) "Emergency facility" means a hospital emergency	926
department or any other facility that provides emergency medical	927
services.	928

(iii) "Health care practitioner" has the same meaning as in	929
section 4769.01 of the Revised Code.	930

(iv) "Hospital" has the same meaning as in section 3727.01 of	931
the Revised Code.	932

(v) "Long-term care facility" means a nursing home,	933
residential care facility, or home for the aging, as those terms	934
are defined in section 3721.01 of the Revised Code; an adult care	935
facility, as defined in section 3722.01 of the Revised Code; a	936
nursing facility or intermediate care facility for the mentally	937
retarded, as those terms are defined in section 5111.20 of the	938
Revised Code; a facility or portion of a facility certified as a	939
skilled nursing facility under Title XVIII of the "Social Security	940
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	941

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	942
the Revised Code.	943

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	944
apply to doctors of medicine, doctors of osteopathic medicine,	945
doctors of podiatry, and dentists.	946

(7) Nothing in divisions (B)(1) to (6) of this section	947
affects, or shall be construed as affecting, the immunity from	948
civil liability conferred by section 307.628 or 2305.33 of the	949
Revised Code upon physicians who report an employee's use of a	950
drug of abuse, or a condition of an employee other than one	951
involving the use of a drug of abuse, to the employer of the	952
employee in accordance with division (B) of that section. As used	953
in division (B)(7) of this section, "employee," "employer," and	954
"physician" have the same meanings as in section 2305.33 of the	955
Revised Code.	956

(C) A member of the clergy, rabbi, priest, or regularly	957
ordained, accredited, or licensed minister of an established and	958
legally cognizable church, denomination, or sect, when the member	959
of the clergy, rabbi, priest, or minister remains accountable to	960
the authority of that church, denomination, or sect, concerning a	961
confession made, or any information confidentially communicated,	962
to the member of the clergy, rabbi, priest, or minister for a	963
religious counseling purpose in the member of the clergy's,	964
rabbi's, priest's, or minister's professional character; however,	965
the member of the clergy, rabbi, priest, or minister may testify	966
by express consent of the person making the communication, except	967
when the disclosure of the information is in violation of a sacred	968
trust;	969

(D) Husband or wife, concerning any communication made by	970
one to the other, or an act done by either in the presence of the	971
other, during coverture, unless the communication was made, or act	972
done, in the known presence or hearing of a third person competent	973
to be a witness; and such rule is the same if the marital relation	974
has ceased to exist;	975

(E) A person who assigns a claim or interest, concerning any	976
matter in respect to which the person would not, if a party, be	977
permitted to testify;	978

(F) A person who, if a party, would be restricted under	979
section 2317.03 of the Revised Code, when the property or thing is	980
sold or transferred by an executor, administrator, guardian,	981
trustee, heir, devisee, or legatee, shall be restricted in the	982
same manner in any action or proceeding concerning the property or	983
thing.	984

(G)(1) A school guidance counselor who holds a valid	985
educator license from the state board of education as provided for	986
in section 3319.22 of the Revised Code, a person licensed under	987
Chapter 4757. of the Revised Code as a professional clinical	988
counselor, professional counselor, social worker, or independent	989
social worker, or registered under Chapter 4757. of the Revised	990
Code as a social work assistant concerning a confidential	991
communication received from a client in that relation or the	992
person's advice to a client unless any of the following applies:	993

(a) The communication or advice indicates clear and present	994
danger to the client or other persons. For the purposes of this	995
division, cases in which there are indications of present or past	996
child abuse or neglect of the client constitute a clear and	997
present danger.	998

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

999

(c) If the client is deceased, the surviving spouse or the	1000
executor or administrator of the estate of the deceased client	1001
gives express consent.	1002

(d) The client voluntarily testifies, in which case the	1003
school guidance counselor or person licensed or registered under	1004
Chapter 4757. of the Revised Code may be compelled to testify on	1005
the same subject.	1006

(e) The court in camera determines that the information	1007
communicated by the client is not germane to the counselor-client	1008
or social worker-client relationship.	1009

(f) A court, in an action brought against a school, its	1010
administration, or any of its personnel by the client, rules after	1011
an in-camera inspection that the testimony of the school guidance	1012
counselor is relevant to that action.	1013

(g) The testimony is sought in a civil action and concerns	1014
court-ordered treatment or services received by a patient as part	1015
of a case plan journalized under section 2151.412 of the Revised	1016
Code or the court-ordered treatment or services are necessary or	1017
relevant to dependency, neglect, or abuse or temporary or	1018
permanent custody proceedings under Chapter 2151. of the Revised	1019
Code.	1020

(2) Nothing in division (G)(1) of this section shall relieve	1021
a school guidance counselor or a person licensed or registered	1022
under Chapter 4757. of the Revised Code from the requirement to	1023
report information concerning child abuse or neglect under section	1024
2151.421 of the Revised Code.	1025

(H) A mediator acting under a mediation order issued under	1026
division (A) of section 3109.052 of the Revised Code or otherwise	1027
issued in any proceeding for divorce, dissolution, legal	1028
separation, annulment, or the allocation of parental rights and	1029
responsibilities for the care of children, in any action or	1030
proceeding, other than a criminal, delinquency, child abuse, child	1031
neglect, or dependent child action or proceeding, that is brought	1032
by or against either parent who takes part in mediation in	1033
accordance with the order and that pertains to the mediation	1034
process, to any information discussed or presented in the	1035
mediation process, to the allocation of parental rights and	1036
responsibilities for the care of the parents' children, or to the	1037
awarding of parenting time rights in relation to their children;	1038

(I) A communications assistant, acting within the scope of	1039
the communication assistant's authority, when providing	1040
telecommunications relay service pursuant to section 4931.35 of	1041
the Revised Code or Title II of the "Communications Act of 1934,"	1042
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1043
made through a telecommunications relay service. Nothing in this	1044
section shall limit the obligation of a communications assistant	1045
to divulge information or testify when mandated by federal law or	1046
regulation or pursuant to subpoena in a criminal proceeding.	1047

Nothing in this section shall limit any immunity or privilege	1048
granted under federal law or regulation.	1049

(J)(1) A chiropractor in a civil proceeding concerning a	1050
communication made to the chiropractor by a patient in that	1051
relation or the chiropractor's advice to a patient, except as	1052
otherwise provided in this division. The testimonial privilege	1053
established under this division does not apply, and a chiropractor	1054
may testify or may be compelled to testify, in any civil action,	1055
in accordance with the discovery provisions of the Rules of Civil	1056
Procedure in connection with a civil action, or in connection with	1057
a claim under Chapter 4123. of the Revised Code, under any of the	1058
following circumstances:	1059

(a) If the patient or the guardian or other legal	1060
representative of the patient gives express consent.	1061

(b) If the patient is deceased, the spouse of the patient or	1062
the executor or administrator of the patient's estate gives	1063
express consent.	1064

(c) If a medical claim, dental claim, chiropractic claim, or	1065
optometric claim, as defined in section 2305.112305.113 of the	1066
Revised Code, an action for wrongful death, any other type of	1067
civil action, or a claim under Chapter 4123. of the Revised Code	1068
is filed by the patient, the personal representative of the estate	1069
of the patient if deceased, or the patient's guardian or other	1070
legal representative.	1071

(2) If the testimonial privilege described in division	1072
(J)(1) of this section does not apply as provided in division	1073
(J)(1)(c) of this section, a chiropractor may be compelled to	1074
testify or to submit to discovery under the Rules of Civil	1075
Procedure only as to a communication made to the chiropractor by	1076
the patient in question in that relation, or the chiropractor's	1077
advice to the patient in question, that related causally or	1078
historically to physical or mental injuries that are relevant to	1079
issues in the medical claim, dental claim, chiropractic claim, or	1080
optometric claim, action for wrongful death, other civil action,	1081
or claim under Chapter 4123. of the Revised Code.	1082

(3) The testimonial privilege established under this	1083
division does not apply, and a chiropractor may testify or be	1084
compelled to testify, in any criminal action or administrative	1085
proceeding.	1086

(4) As used in this division, "communication" means	1087
acquiring, recording, or transmitting any information, in any	1088
manner, concerning any facts, opinions, or statements necessary to	1089
enable a chiropractor to diagnosisdiagnose, treat, or act for a	1090
patient. A communication may include, but is not limited to, any	1091
chiropractic, office, or hospital communication such as a record,	1092
chart, letter, memorandum, laboratory test and results, x-ray,	1093
photograph, financial statement, diagnosis, or prognosis.	1094

Sec. 2317.54.  No hospital, home health agency, ambulatory	1095
surgical facility, or provider of a hospice care program shall be	1096
held liable for a physician's failure to obtain an informed	1097
consent from the physician's patient prior to a surgical or	1098
medical procedure or course of procedures, unless the physician is	1099
an employee of the hospital, home health agency, ambulatory	1100
surgical facility or provider of a hospice care program.	1101

Written consent to a surgical or medical procedure or course	1102
of procedures shall, to the extent that it fulfills all the	1103
requirements in divisions (A), (B), and (C) of this section, be	1104
presumed to be valid and effective, in the absence of proof by a	1105
preponderance of the evidence that the person who sought such	1106
consent was not acting in good faith, or that the execution of the	1107
consent was induced by fraudulent misrepresentation of material	1108
facts, or that the person executing the consent was not able to	1109
communicate effectively in spoken and written English or any other	1110
language in which the consent is written. Except as herein	1111
provided, no evidence shall be admissible to impeach, modify, or	1112
limit the authorization for performance of the procedure or	1113
procedures set forth in such written consent.	1114

(A) The consent sets forth in general terms the nature and	1115
purpose of the procedure or procedures, and what the procedures	1116
are expected to accomplish, together with the reasonably known	1117
risks, and, except in emergency situations, sets forth the names	1118
of the physicians who shall perform the intended surgical	1119
procedures.	1120

(B) The person making the consent acknowledges that such	1121
disclosure of information has been made and that all questions	1122
asked about the procedure or procedures have been answered in a	1123
satisfactory manner.	1124

(C) The consent is signed by the patient for whom the	1125
procedure is to be performed, or, if the patient for any reason	1126
including, but not limited to, competence, infancy, or the fact	1127
that, at the latest time that the consent is needed, the patient	1128
is under the influence of alcohol, hallucinogens, or drugs, lacks	1129
legal capacity to consent, by a person who has legal authority to	1130
consent on behalf of such patient in such circumstances.	1131

Any use of a consent form that fulfills the requirements	1132
stated in divisions (A), (B), and (C) of this section has no	1133
effect on the common law rights and liabilities, including the	1134
right of a physician to obtain the oral or implied consent of a	1135
patient to a medical procedure, that may exist as between	1136
physicians and patients on July 28, 1975.	1137

As used in this section the term "hospital" has the same	1138
meaning set forthas in division (D) of section 2305.112305.113	1139
of the Revised Code; "home health agency" has the same meaning set	1140
forthas in division (A) of former section 3701.885101.61 of the	1141
Revised Code; "ambulatory surgical facility" has the same meaning	1142
as in division (A) of section 3702.30 of the Revised Code; and	1143
"hospice care program" has the same meaning set forthas in	1144
division (A) of section 3712.01 of the Revised Code. The	1145
provisions of this division apply to hospitals, doctors of	1146
medicine, doctors of osteopathic medicine, and doctors of	1147
podiatric medicine.	1148

Sec. 2323.41. (A) In any civil action upon a medical,	1149
dental, optometric, or chiropractic claim, the defendant may	1150
introduce evidence of any amount payable as a benefit to the	1151
plaintiff as a result of the damages that result from an injury,	1152
death, or loss to person or property that is the subject of the	1153
claim, except if the source of collateral benefits has a mandatory	1154
self-effectuating federal right of subrogation, a contractual	1155
right of subrogation, or a statutory right of subrogation.	1156

(B) If the defendant elects to introduce evidence	1157
described in division (A) of this section, the plaintiff may	1158
introduce evidence of any amount that the plaintiff has paid or	1159
contributed to secure the plaintiff's right to receive the	1160
benefits of which the defendant has introduced evidence.	1161

(C) A source of collateral benefits of which evidence is	1162
introduced pursuant to division (A) of this section shall not	1163
recover any amount against the plaintiff nor shall it be	1164
subrogated to the rights of the plaintiff against a defendant.	1165

(D) As used in this section, "medical claim," "dental	1166
claim," "optometric claim," and "chiropractic claim" have the same	1167
meanings as in section 2305.113 of the Revised Code.	1168

Sec. 2323.42. (A) Upon the motion of any defendant in a	1169
civil action based upon a medical claim, dental claim, optometric	1170
claim, or chiropractic claim, the court shall conduct a hearing	1171
regarding the existence or nonexistence of a reasonable good faith	1172
basis upon which the particular claim is asserted against the	1173
moving defendant. The defendant shall file the motion not earlier	1174
than the close of discovery in the action and not later than	1175
thirty days after the court or jury renders any verdict or award	1176
in the action. After the motion is filed, the plaintiff shall	1177
have not less than fourteen days to respond to the motion. Upon	1178
good cause shown by the plaintiff, the court shall grant an	1179
extension of the time for the plaintiff to respond as necessary to	1180
obtain evidence demonstrating the existence of a reasonable good	1181
faith basis for the claim.	1182

(B) At the request of any party to the good faith motion	1183
described in division (A) of this section, the court shall order	1184
the motion to be heard at an oral hearing and shall consider all	1185
evidence and arguments submitted by the parties. In determining	1186
whether a plaintiff has a reasonable good faith basis upon which	1187
to assert the claim in question against the moving defendant, the	1188
court shall take into consideration, in addition to the facts of	1189
the underlying claim, whether the plaintiff did any of the	1190
following:	1191

(1) Obtained a reasonably timely review of the merits of the	1192
particular claim by a qualified medical, dental, optometric, or	1193
chiropractic expert, as appropriate;	1194

(2) Reasonably relied upon the results of that review in	1195
supporting the assertion of the particular claim;	1196

(3) Had an opportunity to conduct a pre-suit investigation	1197
or was afforded by the defendant full and timely discovery during	1198
litigation;	1199

(4) Reasonably relied upon evidence discovered during the	1200
course of litigation in support of the assertion of the claim in	1201
question;	1202

(5) Took appropriate and reasonable steps to timely dismiss	1203
any defendant on behalf of whom it was alleged or determined that	1204
no reasonable good faith basis existed for continued assertion of	1205
the claim in question.	1206

(C) If the court determines that there was no reasonable	1207
good faith basis upon which the plaintiff asserted the claim in	1208
question against the moving defendant or that, at some point	1209
during the litigation, the plaintiff lacked a good faith basis for	1210
continuing to assert that claim, the court shall award all of the	1211
following in favor of the moving defendant:	1212

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

1213

(2) Reasonable attorneys’ fees incurred by the moving	1214
defendant in defense of the claim after the time that the court	1215
determines that no reasonable good faith basis existed upon which	1216
to assert or continue to assert the claim;	1217

(3) Reasonable attorneys’ fees incurred in support of the	1218
good faith motion.	1219

(D) Prior to filing a good faith motion as described in	1220
division (A) of this section, any defendant that intends to file	1221
that type of motion shall serve a "notice of demand for dismissal	1222
and intention to file a good faith motion." If, within fourteen	1223
days of service of that notice, the plaintiff dismisses the	1224
defendant from the action, the defendant after the dismissal shall	1225
be precluded from filing a good faith motion as to any attorneys’	1226
fees and other costs subsequent to the dismissal.	1227

(E) As used in this section, "medical claim," "dental	1228
claim," "optometric claim," and "chiropractic claim" have the same	1229
meanings as in section 2305.113 of the Revised Code.	1230

Sec. 2323.43. (A) In a civil action upon a medical, dental,	1231
optometric, or chiropractic claim to recover damages for injury,	1232
death, or loss to person or property, all of the following apply:	1233

(1) There shall not be any limitation on compensatory damages	1234
that represent the economic loss of the person who is awarded the	1235
damages in the civil action.	1236

(2) Except as otherwise provided in division (A)(3) of	1237
this section, the amount of compensatory damages that represents	1238
damages for noneconomic loss that is recoverable by each plaintiff	1239
in a civil action upon a medical, dental, optometric, or	1240
chiropractic claim, which includes related derivative claims, to	1241
recover damages for injury, death, or loss to person or property	1242
shall not exceed the greater of two hundred fifty thousand dollars	1243
or an amount that is equal to three times the plaintiff's economic	1244
loss, as determined by the trier of fact, to a maximum of five	1245
hundred thousand dollars.	1246

(3) The amount recoverable for noneconomic losses by each	1247
plaintiff for each medical claim, dental claim, optometric claim,	1248
or chiropractic claim, which includes related derivative claims,	1249
may exceed the amount described in division (A)(2) of this section	1250
but shall not exceed the greater of one million dollars or fifteen	1251
thousand dollars times the number of years remaining in the	1252
injured person's expected life if the noneconomic losses of the	1253
plaintiff are for either of the following:	1254

(a) Permanent and substantial physical deformity, loss of	1255
use of a limb, or loss of a bodily organ system;	1256

(b) Permanent physical functional injury that permanently	1257
prevents the injured person from being able to independently care	1258
for the injured person's self and perform life sustaining	1259
activities.	1260

(B) If a trial is conducted in a civil action upon a	1261
medical, dental, optometric, or chiropractic claim to recover	1262
damages for injury, death, or loss to person or property and a	1263
plaintiff prevails with respect to that claim, the court in a	1264
nonjury trial shall make findings of fact, and the jury in a jury	1265
trial shall return a general verdict accompanied by answers to	1266
interrogatories, that shall specify all of the following:	1267

(1) The total compensatory damages recoverable by the	1268
plaintiff;	1269

(2) The portion of the total compensatory damages that	1270
represents damages for economic loss;	1271

(3) The portion of the total compensatory damages that	1272
represents damages for noneconomic loss.	1273

(C)(1) After the trier of fact in a civil action upon a	1274
medical, dental, optometric, or chiropractic claim to recover	1275
damages for injury, death, or loss to person or property complies	1276
with division (B) of this section, the court shall enter a	1277
judgment in favor of the plaintiff for compensatory damages for	1278
economic loss in the amount determined pursuant to division (B)(2)	1279
of this section, and, subject to division (D)(1) of this section,	1280
the court shall enter a judgment in favor of the plaintiff for	1281
compensatory damages for noneconomic loss. In no event shall a	1282
judgment for compensatory damages for noneconomic loss exceed the	1283
maximum recoverable amount that represents damages for noneconomic	1284
loss as provided in divisions (A)(2) and (3) of this section.	1285
Division (A) of this section shall be applied in a jury trial only	1286
after the jury has made its factual findings and determination as	1287
to the damages.	1288

(2) Prior to the trial in the civil action, any party may	1289
seek summary judgment with respect to the nature of the alleged	1290
injury or loss to person or property, seeking a determination of	1291
the damages as described in division (A)(2) or (3) of this	1292
section.	1293

(D)(1) A court of common pleas has no jurisdiction to enter	1294
judgment on an award of compensatory damages for noneconomic loss	1295
in excess of the limits set forth in this section.	1296

(2) If the trier of fact is a jury, the court shall not	1297
instruct the jury with respect to the limit on compensatory	1298
damages for noneconomic loss described in divisions (A)(2) and (3)	1299
of this section, and neither counsel for any party nor a witness	1300
shall inform the jury or potential jurors of that limit.	1301

(E) Any excess amount of compensatory damages for	1302
noneconomic loss that is greater than the applicable amount	1303
specified in division (A)(2) or (3) of this section shall not be	1304
reallocated to any other tortfeasor beyond the amount of	1305
compensatory damages that that tortfeasor would otherwise be	1306
responsible for under the laws of this state.	1307

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

1308

(1) Civil actions upon a medical, dental, optometric, or	1309
chiropractic claim that are brought against the state in the court	1310
of claims, including, but not limited to, those actions in which a	1311
state university or college is a defendant and to which division	1312
(B)(3) of section 3345.40 of the Revised Code applies;	1313

(2) Civil actions upon a medical, dental, optometric, or	1314
chiropractic claim that are brought against political subdivisions	1315
of this state and that are commenced under or are subject to	1316
Chapter 2744. of the Revised Code. Division (C) of section	1317
2744.05 of the Revised Code applies to recoverable damages in	1318
those actions;	1319

(3) Wrongful death actions brought pursuant to Chapter 2125.	1320
of the Revised Code.	1321

(G) As used in this section:

1322

(1) "Economic loss" means any of the following types of	1323
pecuniary harm:	1324

(a) All wages, salaries, or other compensation lost as a	1325
result of an injury, death, or loss to person or property that is	1326
a subject of a civil action upon a medical, dental, optometric, or	1327
chiropractic claim;	1328

(b) All expenditures for medical care or treatment,	1329
rehabilitation services, or other care, treatment, services,	1330
products, or accommodations as a result of an injury, death, or	1331
loss to person or property that is a subject of a civil action	1332
upon a medical, dental, optometric, or chiropractic claim;	1333

(c) Any other expenditures incurred as a result of an	1334
injury, death, or loss to person or property that is a subject of	1335
a civil action upon a medical, dental, optometric, or chiropractic	1336
claim, other than attorney's fees incurred in connection with that	1337
action.	1338

(2) "Medical claim," "dental claim," "optometric claim,"	1339
and "chiropractic claim" have the same meanings as in section	1340
2305.113 of the Revised Code.	1341

(3) "Noneconomic loss" means nonpecuniary harm that results	1342
from an injury, death, or loss to person or property that is a	1343
subject of a civil action upon a medical, dental, optometric, or	1344
chiropractic claim, including, but not limited to, pain and	1345
suffering, loss of society, consortium, companionship, care,	1346
assistance, attention, protection, advice, guidance, counsel,	1347
instruction, training, or education, disfigurement, mental	1348
anguish, and any other intangible loss.	1349

(4) "Trier of fact" means the jury, or in a nonjury action,	1350
the court.	1351

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

1352

(1) "Economic loss" means any of the following types of	1353
pecuniary harm:	1354

(a) All wages, salaries, or other compensation lost as a	1355
result of an injury, death, or loss to person or property that is	1356
a subject of a civil action upon a medical, dental, optometric, or	1357
chiropractic claim;	1358

(b) All expenditures for medical care or treatment,	1359
rehabilitation services, or other care, treatment, services,	1360
products, or accommodations as a result of an injury, death, or	1361
loss to person or property that is a subject of a civil action	1362
upon a medical, dental, optometric, or chiropractic claim;	1363

(c) Any other expenditures incurred as a result of an	1364
injury, death, or loss to person or property that is a subject of	1365
a civil action upon a medical, dental, optometric, or chiropractic	1366
claim, other than attorney's fees incurred in connection with that	1367
action.	1368

(2) "Future damages" means any damages that result from an	1369
injury, death, or loss to person or property that is a subject of	1370
a civil action upon a medical, dental, optometric, or chiropractic	1371
claim and that will accrue after the verdict or determination of	1372
liability is rendered in that action by the trier of fact. "Future	1373
damages" includes both economic and noneconomic loss.	1374

(3) "Medical claim," "dental claim," "optometric claim," and	1375
"chiropractic claim" have the same meanings as in section 2305.113	1376
of the Revised Code.	1377

(4) "Noneconomic loss" means nonpecuniary harm that results	1378
from an injury, death, or loss to person or property that is a	1379
subject of a civil action upon a medical, dental, optometric, or	1380
chiropractic claim, including, but not limited to, pain and	1381
suffering, loss of society, consortium, companionship, care,	1382
assistance, attention, protection, advice, guidance, counsel,	1383
instruction, training, or education, disfigurement, mental	1384
anguish, and any other intangible loss.	1385

(5) "Past damages" means any damages that result from an	1386
injury, death, or loss to person or property that is a subject of	1387
a civil action upon a medical, dental, optometric, or chiropractic	1388
claim and that have accrued by the time that the verdict or	1389
determination of liability is rendered in that action by the trier	1390
of fact. "Past damages" include both economic loss and	1391
noneconomic loss.	1392

(6) "Trier of fact" means the jury or, in a nonjury action,	1393
the court.	1394

(B) In any civil action upon a medical, dental, optometric,	1395
or chiropractic claim in which a plaintiff makes a good faith	1396
claim against the defendant for future damages that exceed fifty	1397
thousand dollars, upon motion of that plaintiff or the defendant,	1398
the trier of fact shall return a general verdict and, if that	1399
verdict is in favor of that plaintiff, answers to interrogatories	1400
or findings of fact that specify both of the following:	1401

(1) The past damages recoverable by that plaintiff;

1402

(2) The future damages recoverable by that plaintiff.

1403

(C) If answers to interrogatories are returned or findings	1404
of fact are made pursuant to division (B) of this section and if	1405
the future damages recoverable by that plaintiff exceeds fifty	1406
thousand dollars, the plaintiff or defendant may file a motion	1407
with the court that seeks a determination under division (D) of	1408
this section. The plaintiff or defendant shall file the motion at	1409
any time after the verdict or determination in favor of the	1410
plaintiff is rendered by the trier of fact but prior to the entry	1411
of judgment in accordance with Civil Rule 58.	1412

(D)(1) Upon the filing of a motion pursuant to division (C)	1413
of this section and prior to the entry of judgment in accordance	1414
with Civil Rule 58, the court shall do all of the following:	1415

(a) Set a date for a hearing to address whether all or any	1416
part of the future damages recoverable by the plaintiff shall be	1417
received by the plaintiff in a series of periodic payments rather	1418
than in a lump sum;	1419

(b) Give notice of the date of the hearing described in	1420
division (D)(1)(a) of this section to the parties involved and	1421
their counsel of record;	1422

(c) Conduct the hearing described in division (D)(1)(a) of	1423
this section, allow the parties involved to present any relevant	1424
evidence at the hearing, consider the factors described in	1425
division (D)(2) of this section in making its determination, and	1426
make its determination in accordance with division (D)(3) of this	1427
section.	1428

(2) In determining whether all or any part of the future	1429
damages recoverable by the plaintiff shall be received by the	1430
plaintiff in a series of periodic payments rather than in a lump	1431
sum, the court shall consider all of the following factors:	1432

(a) The purposes for which those portions of the future	1433
damages were awarded to that plaintiff;	1434

(b) The business or occupational experience of that	1435
plaintiff;	1436

(c) The age of that plaintiff;

1437

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

1438

(e) Whether that plaintiff or the parent, guardian, or	1439
custodian of that plaintiff is able to competently manage the	1440
future damages;	1441

(f) Any other circumstance that relates to whether the	1442
injury sustained by that plaintiff would be better compensated by	1443
the payment of the future damages in a lump sum or by their	1444
receipt in a series of periodic payments.	1445

(3) After the hearing described in division (D)(1) of this	1446
section and prior to the entry of judgment in accordance with	1447
Civil Rule 58, the court shall determine, in its discretion,	1448
whether all or any part of the future damages recoverable by the	1449
plaintiff shall be received by the plaintiff in a series of	1450
periodic payments rather than in a lump sum. If the court	1451
determines that a plaintiff shall receive the future damages	1452
recoverable by the plaintiff in a series of periodic payments, it	1453
may order the payments only as to the amount of the future damages	1454
recoverable by the plaintiff that exceeds fifty thousand dollars.	1455
If the court determines that the plaintiff shall receive the	1456
future damages recoverable by the plaintiff in a lump sum, the	1457
future damages shall be paid in a lump sum.	1458

(E) If the court determines pursuant to division (D) of	1459
this section that a plaintiff shall receive the future damages	1460
recoverable by the plaintiff in a series of periodic payments,	1461
both of the following apply:	1462

(1) Within twenty days after the court makes that	1463
determination, the plaintiff shall submit a periodic payments plan	1464
to the court. The plan may include, but is not limited to, a	1465
provision for a trust or an annuity and may be submitted by that	1466
plaintiff alone or by that plaintiff and the defendant.	1467

(2) Within twenty days after the court makes that	1468
determination, the defendant may submit to the court, alone or	1469
jointly with the plaintiff, a periodic payments plan. If the	1470
defendant submits a periodic payments plan, the plan may include,	1471
but is not limited to, a provision for a trust or an annuity.	1472

(F)(1) If the defendant and plaintiff do not jointly submit	1473
a periodic payments plan and if the defendant does not separately	1474
submit a periodic payments plan, then, within ten days after that	1475
plaintiff submits a plan, the defendant may submit to the court	1476
written comments relative to the periodic payments plan of the	1477
plaintiff.	1478

(2) If the defendant and plaintiff do not jointly submit	1479
a periodic payments plan and if the defendant separately submits a	1480
periodic payments plan, then, within ten days after the defendant	1481
submits the plan, the plaintiff may submit to the court written	1482
comments relative to the periodic payments plan of the defendant.	1483

(G)(1) The court, in its discretion, may modify, approve,	1484
or reject any submitted periodic payments plan. In approving any	1485
periodic payments plan, the court shall require interest on the	1486
judgment in question in accordance with section 1343.03 of the	1487
Revised Code. Additionally, in approving any periodic payments	1488
plan, the court is not required to ensure that payments under the	1489
periodic payments plan are equal in amount or that the total	1490
amount paid each year under the periodic payments plan is equal in	1491
amount to the total amount paid in other years under the plan;	1492
rather, a periodic payments plan may provide for payments to be	1493
made in irregular or varied amounts, or to be graduated upward or	1494
downward in amount over the duration of the periodic payments	1495
plan.	1496

(2) The court shall include in any approved periodic	1497
payments plan adequate security to insure that the plaintiff will	1498
receive all of the periodic payments under that plan. If the	1499
approved periodic payments plan includes a provision for an	1500
annuity as the adequate security or otherwise, the defendant shall	1501
purchase the annuity from either of the following types of	1502
insurance companies:	1503

(a) An insurance company that the A.M. Best Company, in its	1504
most recently published rating guide of life insurance companies,	1505
has rated A or better and has rated XII or higher as to financial	1506
size or strength;	1507

(b) An insurance company that the superintendent of	1508
insurance, under rules adopted pursuant to Chapter 119. of the	1509
Revised Code for purposes of implementing this division,	1510
determines is licensed to do business in this state and,	1511
considering the factors described in this division, is a stable	1512
insurance company that issues annuities that are safe and	1513
desirable. In making determinations as described in this	1514
division, the superintendent shall be guided by the principle that	1515
annuities should be safe and desirable for plaintiffs who are	1516
awarded damages. In making those determinations, the	1517
superintendent shall consider the financial condition, general	1518
standing, operating results, profitability, leverage, liquidity,	1519
amount and soundness of reinsurance, adequacy of reserves, and the	1520
management of any insurance company in question and also may	1521
consider ratings, grades, and classifications of any nationally	1522
recognized rating services of insurance companies and any other	1523
factors relevant to the making of such determinations.	1524

(3) If a periodic payments plan provides for periodic	1525
payments over a period of five years or more to the plaintiff, the	1526
court, in its discretion, may include in the approved periodic	1527
payments plan a provision in which it reserves to itself	1528
continuing jurisdiction over that plan, including jurisdiction to	1529
review and modify that plan.	1530

(4) The court shall specify in the entry of judgment in the	1531
tort action the determination made pursuant to division (D) of	1532
this section and, if applicable, the terms of any approved	1533
periodic payments plan.	1534

(H) After a periodic payments plan is approved, the future	1535
damages that are to be received in periodic payments shall be paid	1536
in accordance with the plan, including, if applicable, payment	1537
over to a trust or annuity provided for in the plan.	1538

(I) If a court orders a series of periodic payments of	1539
future damages in accordance with this section and the plaintiff	1540
dies prior to the receipt of all of the future damages, the	1541
liability for the unpaid portion of those damages that is not yet	1542
due at the time of the death of that plaintiff shall continue, but	1543
the payments shall be paid to the heirs of that plaintiff as	1544
scheduled in and otherwise in accordance with the approved	1545
periodic payments plan or, if the plan does not contain a relevant	1546
provision, as the court shall order.	1547

(J)(1) Nothing in this section precludes a plaintiff and a	1548
defendant from mutually agreeing to a settlement of the action.	1549

(2) Except as otherwise provided in this section, nothing in	1550
this section increases the time for filing any motion or notice of	1551
appeal or taking any other action relative to a civil action upon	1552
a medical, dental, optometric, or chiropractic claim, alters the	1553
amount of any verdict or determination of damages by the trier of	1554
fact in a civil action upon a medical, dental, optometric, or	1555
chiropractic claim, or alters the liability of any party to pay or	1556
satisfy the verdict or determination.	1557

(K) This section does not apply to tort actions that are	1558
brought against political subdivisions of this state and that are	1559
commenced under or are subject to Chapter 2744. of the Revised	1560
Code or to tort actions brought against the state in the court of	1561
claims.	1562

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

1563

(1) "Economic loss" means any of the following types of	1564
pecuniary harm:	1565

(a) All wages, salaries, or other compensation lost as a	1566
result of an injury to person that is a subject of a tort action;	1567

(b) All expenditures for medical care or treatment,	1568
rehabilitation services, or other care, treatment, services,	1569
products, or accommodations as a result of an injury to person	1570
that is a subject of a tort action;	1571

(c) Any other expenditures incurred as a result of an injury	1572
to person that is a subject of a tort action.	1573

(2) "Future damages" means any damages that result from an	1574
injury to person that is a subject of a tort action and that will	1575
accrue after the verdict or determination of liability by the	1576
trier of fact is rendered in that tort action.	1577

(3) "Medical claim," "dental claim," "optometric claim," and	1578
"chiropractic claim" have the same meanings as in section 2305.11	1579
2305.113 of the Revised Code.	1580

(4) "Noneconomic loss" means nonpecuniary harm that results	1581
from an injury to person that is a subject of a tort action,	1582
including, but not limited to, pain and suffering, loss of	1583
society, consortium, companionship, care, assistance, attention,	1584
protection, advice, guidance, counsel, instruction, training, or	1585
education, mental anguish, and any other intangible loss.	1586

(5) "Past damages" means any damages that result from an	1587
injury to person that is a subject of a tort action and that have	1588
accrued by the time that the verdict or determination of liability	1589
by the trier of fact is rendered in that tort action, and any	1590
punitive or exemplary damages awarded.	1591

(6) "Tort action" means a civil action for damages for	1592
injury to person. "Tort action" includes a product liability	1593
claim for damages for injury to person that is subject to sections	1594
2307.71 to 2307.80 of the Revised Code, but does not include a	1595
civil action for damages for a breach of contract or another	1596
agreement between persons.	1597

(7) "Trier of fact" means the jury or, in a nonjury action,	1598
the court.	1599

(B)(1) In any tort action that is tried to a jury and in	1600
which a plaintiff makes a good faith claim against the defendant	1601
in question for future damages that exceed two hundred thousand	1602
dollars, upon motion of that plaintiff or the defendant in	1603
question, the court shall instruct the jury to return, and the	1604
jury shall return, a general verdict and, if that verdict is in	1605
favor of that plaintiff, answers to interrogatories that shall	1606
specify all of the following:	1607

(a) The past damages recoverable by that plaintiff;

1608

(b) The future damages recoverable by that plaintiff, and	1609
the portions of those future damages that represent each of the	1610
following:	1611

(i) Noneconomic loss;

1612

(ii) Economic loss;

1613

(iii) Economic loss as described in division (A)(1)(a) of	1614
this section;	1615

(iv) Economic loss as described in division (A)(1)(b) of	1616
this section;	1617

(v) Economic loss as described in division (A)(1)(c) of this	1618
section.	1619

(2) In any tort action that is tried to a court and in which	1620
a plaintiff makes a good faith claim against the defendant in	1621
question for future damages that exceed two hundred thousand	1622
dollars, upon motion of that plaintiff or the defendant in	1623
question, the court shall make its determination in the action	1624
and, if that determination is in favor of that plaintiff, make	1625
findings of fact that shall specify damages as provided in	1626
division (B)(1) of this section.	1627

(C) If answers to interrogatories are returned or findings	1628
of fact are made pursuant to division (B) of this section and if	1629
the total of the portions of the future damages described in	1630
divisions (B)(1)(b)(i), (iv), and (v) of this section exceeds both	1631
two hundred thousand dollars and twenty-five per cent of the total	1632
of the damages described in divisions (B)(1)(a) and (b) of this	1633
section, the plaintiff or defendant in question may file a motion	1634
with the court that seeks a determination under division (D) of	1635
this section. Such a motion shall be filed at any time after the	1636
verdict or determination in favor of the plaintiff in question is	1637
rendered by the trier of fact but prior to the entry of judgment	1638
in accordance with Civil Rule 58.	1639

(D)(1) Upon the filing of a motion pursuant to division (C)	1640
of this section and prior to the entry of judgment in accordance	1641
with Civil Rule 58, the court shall do all of the following:	1642

(a) Set a date for a hearing to address whether all or any	1643
part of the total of the portions of the future damages described	1644
in divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1645
received by the plaintiff in question in a series of periodic	1646
payments rather than in a lump sum;	1647

(b) Give notice of the date of the hearing described in	1648
division (D)(1)(a) of this section to the parties involved and	1649
their counsel of record;	1650

(c) Conduct the hearing described in division (D)(1)(a) of	1651
this section, allow the parties involved to present any relevant	1652
evidence at the hearing, consider the factors described in	1653
division (D)(2) of this section in making its determination, and	1654
make its determination in accordance with division (D)(3) of this	1655
section.	1656

(2) In determining whether all or any part of the total of	1657
the portions of the future damages described in divisions	1658
(B)(1)(b)(i), (iv), and (v) of this section shall be received by	1659
the plaintiff in question in a series of periodic payments rather	1660
than in a lump sum, the court shall consider all of the following	1661
factors:	1662

(a) The purposes for which those portions of the future	1663
damages were awarded to that plaintiff;	1664

(b) The business or occupational experience of that	1665
plaintiff;	1666

(c) The age of that plaintiff;

1667

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

1668

(e) Whether that plaintiff or the parent, guardian, or	1669
custodian of that plaintiff is able to competently manage those	1670
portions of the future damages;	1671

(f) Any other circumstance that relates to whether the	1672
injury sustained by that plaintiff would be better compensated by	1673
the payment of those portions of the future damages in a lump sum	1674
or by their receipt in a series of periodic payments.	1675

(3) After the hearing described in division (D)(1) of this	1676
section and prior to the entry of judgment in accordance with	1677
Civil Rule 58, the court shall determine, in its discretion,	1678
whether all or any part of the total of the portions of the future	1679
damages described in divisions (B)(1)(b)(i), (iv), and (v) of this	1680
section shall be received by the plaintiff in question in a series	1681
of periodic payments rather than in a lump sum. If the court	1682
determines that a series of periodic payments shall be received by	1683
that plaintiff, it may order such payments only as to the amount	1684
of that total that exceeds both two hundred thousand dollars and	1685
twenty-five per cent of the total of the damages described in	1686
divisions (B)(1)(a) and (b) of this section.	1687

(E)(1)(a) If the court determines pursuant to division (D)	1688
of this section that a series of periodic payments shall be	1689
received by the plaintiff in question, then, within twenty days	1690
after the court so determines, that plaintiff shall submit a	1691
periodic payments plan to the court. Such a plan may include, but	1692
is not limited to, a provision for a trust or an annuity, and may	1693
be submitted by that plaintiff alone or by that plaintiff and the	1694
defendant in question.	1695

(b) If that defendant and that plaintiff do not jointly	1696
submit a periodic payments plan, then, within twenty days after	1697
the court makes its determination pursuant to division (D) of this	1698
section that a series of periodic payments shall be received by	1699
that plaintiff, that defendant may submit to the court a periodic	1700
payments plan. If hethat defendant does so, it may include, but	1701
is not limited to, a provision for a trust or an annuity.	1702

(c) If that defendant and that plaintiff do not jointly	1703
submit a periodic payments plan and if that defendant does not	1704
separately submit such a plan pursuant to division (E)(1)(b) of	1705
this section, then, within ten days after that plaintiff submits	1706
such a plan, that defendant may submit to the court written	1707
comments relative to the periodic payments plan of that plaintiff.	1708
If that defendant and that plaintiff do not jointly submit a	1709
periodic payments plan and if that defendant separately submits	1710
such a plan pursuant to division (E)(1)(b) of this section, then,	1711
within ten days after that defendant submits such a plan, that	1712
plaintiff may submit to the court written comments relative to the	1713
periodic payments plan of that defendant.	1714

(d) The court, in its discretion, may modify, approve, or	1715
reject any submitted periodic payments plan. In approving any	1716
periodic payments plan, the court shall take into consideration	1717
interest on the judgment in question, in accordance with section	1718
1343.03 of the Revised Code. Additionally, in approving any	1719
periodic payments plan, the court is not required to ensure that	1720
payments under the periodic payments plan are equal in amount or	1721
that the total amount paid each year under the periodic payments	1722
plan is equal in amount to the total amount paid in other years	1723
under the plan; rather, a periodic payments plan may provide for	1724
payments to be made in irregular or varied amounts, or to be	1725
graduated upward or downward in amount over the duration of the	1726
periodic payments plan.	1727

(e) The court shall include in any approved periodic	1728
payments plan adequate security to insure that the plaintiff in	1729
question will receive all of the periodic payments under that	1730
plan. If the approved periodic payments plan includes a provision	1731
for an annuity as the adequate security or otherwise, the	1732
defendant in question shall purchase the annuity from either of	1733
the following types of insurance companies:	1734

(i) An insurance company that the A.M. Best Company, in its	1735
most recently published rating guide of life insurance companies,	1736
has rated A or better and has rated XII or higher as to financial	1737
size or strength;	1738

(ii) An insurance company that the superintendent of	1739
insurance, under rules adopted pursuant to Chapter 119. of the	1740
Revised Code for purposes of implementing this division,	1741
determines is licensed to do business in this state and,	1742
considering the factors described in this division, is a stable	1743
insurance company that issues annuities that are safe and	1744
desirable.	1745

In making determinations as described in this division, the	1746
superintendent shall be guided by the principle that annuities	1747
should be safe and desirable for plaintiffs who are awarded	1748
damages. In making such determinations, the superintendent shall	1749
consider the financial condition, general standing, operating	1750
results, profitability, leverage, liquidity, amount and soundness	1751
of reinsurance, adequacy of reserves, and the management of any	1752
insurance company in question and also may consider ratings,	1753
grades, and classifications of any nationally recognized rating	1754
services of insurance companies and any other factors relevant to	1755
the making of such determinations.	1756

(f) If a periodic payments plan provides for periodic	1757
payments over a period of five years or more to the plaintiff in	1758
question, the court, in its discretion, may include in the	1759
approved periodic payments plan a provision in which it reserves	1760
to itself continuing jurisdiction over that plan, including	1761
jurisdiction to review and modify that plan.	1762

(g) After a periodic payments plan is approved, the future	1763
damages that are to be received in periodic payments shall be paid	1764
in accordance with the plan, including, if applicable, payment	1765
over to a trust or annuity provided for in the plan.	1766

(2) If the court determines pursuant to division (D) of this	1767
section that a series of periodic payments shall not be received	1768
by the plaintiff in question, the future damages described in	1769
divisions (B)(1)(b)(i), (iv), and (v) of this section shall be	1770
paid in a lump sum.	1771

(3) The court shall specify in the entry of judgment in the	1772
tort action the determination made pursuant to division (D) of	1773
this section and, if applicable, the terms of any approved	1774
periodic payments plan.	1775

(F) If a court orders a series of periodic payments of	1776
future damages in accordance with this section, the following	1777
rules shall govern those payments if the plaintiff in question	1778
dies prior to the receipt of all of them:	1779

(1) The liability for the portion of those payments that	1780
represents future economic loss as described in division	1781
(B)(1)(b)(iv) of this section and that is not due at the time of	1782
the death of that plaintiff shall cease at that time;	1783

(2) The liability for the portion of those payments that	1784
represents future noneconomic loss of that plaintiff as described	1785
in division (B)(1)(b)(i) of this section and that is not due at	1786
the time of the death of that plaintiff shall continue, but the	1787
payments shall be paid to the heirs of that plaintiff as scheduled	1788
in and otherwise in accordance with the approved periodic payments	1789
plan or, if the plan does not contain a relevant provision, as the	1790
court shall order;	1791

(3) The liability for the portion of those payments not	1792
described in division (F)(1) or (2) of this section shall	1793
continue, but the payments shall be paid as described in division	1794
(F)(2) of this section.	1795

(G)(1) Nothing in this section precludes a plaintiff in	1796
question and a defendant in question from mutually agreeing to a	1797
settlement of the action.	1798

(2) Except to the extent provided in divisions (A) to (F) of	1799
this section, nothing in those divisions increases the time for	1800
filing any motion or notice of appeal or taking any other action	1801
relative to a tort action, alters the amount of any verdict or	1802
determination of damages by the trier of fact in a tort action, or	1803
alters the liability of any party to pay or satisfy any such	1804
verdict or determination.	1805

(H) This section does not apply to tort actions against	1806
political subdivisions of this state that are commenced under or	1807
are subject to Chapter 2744. of the Revised Code or to tort	1808
actions against the state in the court of claims. This section	1809
also does not apply to a tort or other civil action upon a medical	1810
claim, dental claim, optometric claim, or chiropractic claim, and	1811
instead such an action shall be subject to section 2323.572323.55	1812
of the Revised Code.	1813

Sec. 2711.21.  (A) Upon the filing of any medical, dental,	1814
optometric, or chiropractic claim as defined in division (D) of	1815
section 2305.112305.113 of the Revised Code, if all of the	1816
parties to the medical, dental, optometric, or chiropractic claim	1817
agree to submit it to nonbinding arbitration, the controversy	1818
shall be submitted to an arbitration board consisting of three	1819
arbitrators to be named by the court. The arbitration board shall	1820
consist of one person designated by the plaintiff or plaintiffs,	1821
one person designated by the defendant or defendants, and a person	1822
designated by the court. The person designated by the court shall	1823
serve as the chairmanchairperson of the board. Each member of	1824
the board shall receive a reasonable compensation based on the	1825
extent and duration of actual service rendered, and shall be paid	1826
in equal proportions by the parties in interest. In a claim	1827
accompanied by a poverty affidavit, the cost of the arbitration	1828
shall be borne by the court.	1829

(B) The arbitration proceedings shall be conducted in	1830
accordance with sections 2711.06 to 2711.16 of the Revised Code	1831
insofar as they are applicable. Such proceedings shall be	1832
conducted in the county in which the trial is to be held.	1833

(C) If the decision of the arbitration board is not accepted	1834
by all parties to the medical, dental, optometric, or chiropractic	1835
claim, the claim shall proceed as if it had not been submitted to	1836
nonbinding arbitration pursuant to this section. The decision of	1837
the arbitration board and any dissenting opinion written by any	1838
board member are not admissible into evidence at the trial.	1839

(D) Nothing in this section shall be construed to limit the	1840
right of any person to enter into an agreement to submit a	1841
controversy underlying a medical, dental, optometric, or	1842
chiropractic claim to binding arbitration.	1843

Sec. 2711.22. A(A) Except as otherwise provided in this	1844
section, a written contract between a patient and a hospital or	1845
physicianhealthcare provider to settle by binding arbitration any	1846
dispute or controversy arising out of the diagnosis, treatment, or	1847
care of the patient rendered by a physician or hospital,or	1848
healthcare provider that is entered into prior to or subsequent to	1849
the rendering of such diagnosis, treatment, or care of the patient	1850
is valid, irrevocable, and enforceable, save upon such grounds as	1851
exist at law or in equity for the revocation of any contractonce	1852
the contract is signed by all parties. The contract remains valid,	1853
irrevocable, and enforceable until or unless the patient or the	1854
patient's legal representative rescinds the contract by written	1855
notice within thirty days of the signing of the contract. A	1856
guardian or other legal representative of the patient may give	1857
written notice of the rescission of the contract if the patient is	1858
incapacitated or a minor.	1859

(B) As used in this section the terms "hospital" and	1860
"physician" shall have the meaning set forth in division (D) of	1861
section 2305.11 of the Revised Code. The provisions of this	1862
division apply to hospitals, doctors of medicine, doctors of	1863
osteopathic medicine, and doctors of podiatric medicine.and in	1864
sections 2711.23 and 2711.24 of the Revised Code:	1865

(1) "Healthcare provider" means a physician, podiatrist,	1866
dentist, licensed practical nurse, registered nurse, advanced	1867
practice nurse, chiropractor, optometrist, physician assistant,	1868
emergency medical technician-basic, emergency medical	1869
technician-intermediate, emergency medical technician-paramedic,	1870
or physical therapist.	1871

(2) "Hospital," "physician," "podiatrist," "dentist,"	1872
"licensed practical nurse," "registered nurse," "advanced practice	1873
nurse," "chiropractor," "optometrist," "physician assistant,"	1874
"emergency medical technician-basic," "emergency medical	1875
technician-intermediate," "emergency medical	1876
technician-paramedic," "physical therapist," "medical claim,"	1877
"dental claim," "optometric claim," and "chiropractic claim" have	1878
the same meanings as in section 2305.113 of the Revised Code.	1879

Sec. 2711.23.  To be valid and enforceable any arbitration	1880
agreements pursuant to sections 2711.01 and 2711.22 of the Revised	1881
Code for controversies involving hospital ora medical care,	1882
diagnosis, or treatment which are, dental, chiropractic, or	1883
optometric claim that is entered into prior to rendering sucha	1884
patient receiving any care, diagnosis, or treatment shall include	1885
or be subject to the following conditions:	1886

(A) The agreement shall provide that medical or hospitalthe	1887
care, diagnosis, or treatment will be provided whether or not the	1888
patient signs the agreement to arbitrate;	1889

(B) The agreement shall provide that the patient, or the	1890
patient's spouse, or the personal representative of histhe	1891
patient's estate in the event of the patient's death or	1892
incapacity, shall have a right to withdraw the patient's consent	1893
to arbitrate histhe patient's claim by notifying the physician	1894
healthcare provider or hospital in writing within sixtythirty	1895
days after the patient's discharge from the hospital for any claim	1896
arising out of hospitalization, or within sixty days after the	1897
termination of the physician-patient relationship for the physical	1898
condition involved for any claim against a physiciansigning of	1899
the agreement. Nothing in this division shall be construed to mean	1900
that the spouse of a competent patient can withdraw over the	1901
objection of the patient the consent of the patient to arbitrate;	1902

(C) The agreement shall provide that the decision whether or	1903
not to sign the agreement is solely a matter for the patient's	1904
determination without any influence by the physician or hospital;	1905

(D) The agreement shall, if appropriate, provide that its	1906
terms constitute a waiver of any right to a trial in court, or a	1907
waiver of any right to a trial by jury;	1908

(E) The agreement shall provide that the arbitration	1909
expenses shall be divided equally between the parties to the	1910
agreement;	1911

(F) Any arbitration panel shall consist of three persons, no	1912
more than one of whom shall be a physicianhealth care provider or	1913
the representative of a hospital;	1914

(G) The arbitration agreement shall be separate from any	1915
other agreement, consent, or document;	1916

(H) The agreement shall not be submitted to a patient for	1917
approval when the patient's condition prevents the patient from	1918
making a rational decision whether or not to agree;	1919

(I) Filing of a medical, dental, chiropractic, or optometric	1920
claim, as defined in division (D) of section 2305.11 of the	1921
Revised Code, within the sixtythirty days provided for withdrawal	1922
of a patient from the arbitration agreement shall be deemed a	1923
withdrawal from suchthe agreement;	1924

(J) The agreement shall contain a separately stated notice	1925
that clearly informs the patient of histhe patient's rights under	1926
division (B) of this section.	1927

As used in this section, the terms "hospital" and "physician"	1928
shall have the meanings set forth in division (D) of section	1929
2305.11 of the Revised Code.	1930

The provisions of this division apply to hospitals, doctors	1931
of medicine, doctors of osteopathic medicine, and doctors of	1932
podiatric medicine.	1933

Sec. 2711.24.  To the extent it is in ten-point type and is	1934
executed in the following form, an arbitration agreement of the	1935
type stated in section 2711.23 of the Revised Code shall be	1936
presumed valid and enforceable in the absence of proof by a	1937
preponderance of the evidence that the execution of the agreement	1938
was induced by fraud, that the patient executed the agreement as a	1939
direct result of the willful or negligent disregard by the	1940
physician or hospitalhealthcare provider of the patient's right	1941
not to so execute, or that the patient executing the agreement was	1942
not able to communicate effectively in spoken and written English	1943
or any other language in which the agreement is written:	1944

"AGREEMENT TO RESOLVE FUTURE MALPRACTICE

1945

CLAIM BY BINDING ARBITRATION

1946

In the event of any dispute or controversy arising out of the	1947
diagnosis, treatment, or care of the patient by the healthcare	1948
provider of medical services, the dispute or controversy shall be	1949
submitted to binding arbitration.	1950

Within fifteen days after a party to this agreement has given	1951
written notice to the other of demand for arbitration of said	1952
dispute or controversy, the parties to the dispute or controversy	1953
shall each appoint an arbitrator and give notice of such	1954
appointment to the other. Within a reasonable time after such	1955
notices have been given the two arbitrators so selected shall	1956
select a neutral arbitrator and give notice of the selection	1957
thereof to the parties. The arbitrators shall hold a hearing	1958
within a reasonable time from the date of notice of selection of	1959
the neutral arbitrator.	1960

Expenses of the arbitration shall be shared equally by the	1961
parties to this agreement.	1962

The patient, by signing this agreement, also acknowledges	1963
that hethe patient has been informed that:	1964

(1) Medical or hospital careCare, diagnosis, or treatment	1965
will be provided whether or not the patient signs the agreement to	1966
arbitrate;	1967

(2) The agreement may not even be submitted to a patient for	1968
approval when the patient's condition prevents the patient from	1969
making a rational decision whether or not to agree;	1970

(3) The decision whether or not to sign the agreement is	1971
solely a matter for the patient's determination without any	1972
influence by the physician or hospital;	1973

(4) The agreement waives the patient's right to a trial in	1974
court for any future malpractice claim hethe patient may have	1975
against the physician or hospitalhealthcare provider;	1976

(5) The patient must be furnished with two copies of this	1977
agreement.	1978

PATIENT'S RIGHT TO CANCEL

1979

HIS AGREEMENT TO ARBITRATE

1980

The patient, or the patient's spouse or the personal	1981
representative of histhe patient's estate in the event of the	1982
patient's death or incapacity, has the right to cancel this	1983
agreement to arbitrate by notifying the physician or hospital	1984
healthcare provider in writing within sixtythirty days after the	1985
patient's discharge from the hospital for any claim against a	1986
hospital, or within sixty days after the termination of the	1987
physician-patient relationship for the physical condition involved	1988
for claims against physicianssigning of the agreement. The	1989
patient, or histhe patient's spouse or representative, as	1990
appropriate, may cancel this agreement by merely writing	1991
"cancelled" on the face of one of histhe patient's copies of the	1992
agreement, signing histhe patient's name under such word, and	1993
mailing, by certified mail, return receipt requested, suchthe	1994
copy to the physician or hospitalhealthcare provider within such	1995
sixty-daythe thirty-day period.	1996

Filing of a medical claim in a court within the sixtythirty	1997
days provided for cancellation of the arbitration agreement by the	1998
patient will cancel the agreement without any further action by	1999
the patient.	2000

Date:

2001

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

2002

Signature of Provider of Medical Services

2003

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

2004

Signature of Patient"

2005

(B) As used in this section the terms "hospital" and	2006
"physician" have the meanings set forth in division (D) of section	2007
2305.11 of the Revised Code. The provisions of this division	2008
apply to hospitals, doctors of medicine, doctors of osteopathic	2009
medicine, and doctors of podiatric medicine.	2010

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	2011
from liability and consents to be sued, and have its liability	2012
determined, in the court of claims created in this chapter in	2013
accordance with the same rules of law applicable to suits between	2014
private parties, except that the determination of liability is	2015
subject to the limitations set forth in this chapter and, in the	2016
case of state universities or colleges, in section 3345.40 of the	2017
Revised Code, and except as provided in division (A)(2) of this	2018
section. To the extent that the state has previously consented to	2019
be sued, this chapter has no applicability.	2020

Except in the case of a civil action filed by the state,	2021
filing a civil action in the court of claims results in a complete	2022
waiver of any cause of action, based on the same act or omission,	2023
which the filing party has against any officer or employee, as	2024
defined in section 109.36 of the Revised Code. The waiver shall	2025
be void if the court determines that the act or omission was	2026
manifestly outside the scope of the officer's or employee's office	2027
or employment or that the officer or employee acted with malicious	2028
purpose, in bad faith, or in a wanton or reckless manner.	2029

(2) If a claimant proves in the court of claims that an	2030
officer or employee, as defined in section 109.36 of the Revised	2031
Code, would have personal liability for histhe officer's or	2032
employee's acts or omissions but for the fact that the officer or	2033
employee has personal immunity under section 9.86 of the Revised	2034
Code, the state shall be held liable in the court of claims in any	2035
action that is timely filed pursuant to section 2743.16 of the	2036
Revised Code and that is based upon the acts or omissions.	2037

(B) The state hereby waives the immunity from liability of	2038
all hospitals owned or operated by one or more political	2039
subdivisions and consents for them to be sued, and to have their	2040
liability determined, in the court of common pleas, in accordance	2041
with the same rules of law applicable to suits between private	2042
parties, subject to the limitations set forth in this chapter.	2043
This division is also applicable to hospitals owned or operated by	2044
political subdivisions which have been determined by the supreme	2045
court to be subject to suit prior to July 28, 1975.	2046

(C) Any hospital, as defined underin section 2305.11	2047
2305.113 of the Revised Code, may purchase liability insurance	2048
covering its operations and activities and its agents, employees,	2049
nurses, interns, residents, staff, and members of the governing	2050
board and committees, and, whether or not such insurance is	2051
purchased, may, to such extent as its governing board considers	2052
appropriate, indemnify or agree to indemnify and hold harmless any	2053
such person against expense, including attorney's fees, damage,	2054
loss, or other liability arising out of, or claimed to have arisen	2055
out of, the death, disease, or injury of any person as a result of	2056
the negligence, malpractice, or other action or inaction of the	2057
indemnified person while acting within the scope of histhe	2058
indemnified person's duties or engaged in activities at the	2059
request or direction, or for the benefit, of the hospital. Any	2060
hospital electing to indemnify such persons, or to agree to so	2061
indemnify, shall reserve such funds as are necessary, in the	2062
exercise of sound and prudent actuarial judgment, to cover the	2063
potential expense, fees, damage, loss, or other liability. The	2064
superintendent of insurance may recommend, or, if such hospital	2065
requests himthe superintendent to do so, the superintendent shall	2066
recommend, a specific amount for any period that, in histhe	2067
superintendent's opinion, represents such a judgment. This	2068
authority is in addition to any authorization otherwise provided	2069
or permitted by law.	2070

(D) Recoveries against the state shall be reduced by the	2071
aggregate of insurance proceeds, disability award, or other	2072
collateral recovery received by the claimant. This division does	2073
not apply to civil actions in the court of claims against a state	2074
university or college under the circumstances described in section	2075
3345.40 of the Revised Code. The collateral benefits provisions	2076
of division (B)(2) of that section apply under those	2077
circumstances.	2078

(E) The only defendant in original actions in the court of	2079
claims is the state. The state may file a third-party complaint	2080
or counterclaim in any civil action, except a civil action for two	2081
thousand five hundred dollars or less, that is filed in the court	2082
of claims.	2083

(F) A civil action against an officer or employee, as	2084
defined in section 109.36 of the Revised Code, that alleges that	2085
the officer's or employee's conduct was manifestly outside the	2086
scope of histhe officer's or employee's employment or official	2087
responsibilities, or that the officer or employee acted with	2088
malicious purpose, in bad faith, or in a wanton or reckless manner	2089
shall first be filed against the state in the court of claims,	2090
which has exclusive, original jurisdiction to determine,	2091
initially, whether the officer or employee is entitled to personal	2092
immunity under section 9.86 of the Revised Code and whether the	2093
courts of common pleas have jurisdiction over the civil action.	2094

The filing of a claim against an officer or employee under	2095
this division tolls the running of the applicable statute of	2096
limitations until the court of claims determines whether the	2097
officer or employee is entitled to personal immunity under section	2098
9.86 of the Revised Code.	2099

(G) Whenever a claim lies against an officer or employee who	2100
is a member of the Ohio national guard, and the officer or	2101
employee was, at the time of the act or omission complained of,	2102
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	2103
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	2104
exclusive remedy of the claimant and the state has no liability	2105
under this section.	2106

Sec. 2743.43.  (A) No person shall be deemed competent to	2107
give expert testimony on the liability issues in a medical claim,	2108
as defined in division (D)(3) of section 2305.112305.113 of the	2109
Revised Code, unless:	2110

(1) Such person is licensed to practice medicine and	2111
surgery, osteopathic medicine and surgery, or podiatric medicine	2112
and surgery by the state medical board or by the licensing	2113
authority of any state;	2114

(2) Such person devotes three-fourths of histhe person's	2115
professional time to the active clinical practice of medicine or	2116
surgery, osteopathic medicine and surgery, or podiatric medicine	2117
and surgery, or to its instruction in an accredited university.	2118

(B) Nothing in division (A) of this section shall be	2119
construed to limit the power of the trial court to adjudge the	2120
testimony of any expert witness incompetent on any other ground.	2121

(C) Nothing in division (A) of this section shall be	2122
construed to limit the power of the trial court to allow the	2123
testimony of any other expert witness that is relevant to the	2124
medical claim involved.	2125

Sec. 2919.16.  As used in sections 2919.16 to 2919.18 of the	2126
Revised Code:	2127

(A) "Fertilization" means the fusion of a human spermatozoon	2128
with a human ovum.	2129

(B) "Gestational age" means the age of an unborn human as	2130
calculated from the first day of the last menstrual period of a	2131
pregnant woman.	2132

(C) "Health care facility" means a hospital, clinic,	2133
ambulatory surgical treatment center, other center, medical	2134
school, office of a physician, infirmary, dispensary, medical	2135
training institution, or other institution or location in or at	2136
which medical care, treatment, or diagnosis is provided to a	2137
person.	2138

(D) "Hospital" has the same meanings as in sections 2108.01,	2139
3701.01, and 5122.01 of the Revised Code.	2140

(E) "Live birth" has the same meaning as in division (A) of	2141
section 3705.01 of the Revised Code.	2142

(F) "Medical emergency" means a condition that a pregnant	2143
woman's physician determines, in good faith and in the exercise of	2144
reasonable medical judgment, so complicates the woman's pregnancy	2145
as to necessitate the immediate performance or inducement of an	2146
abortion in order to prevent the death of the pregnant woman or to	2147
avoid a serious risk of the substantial and irreversible	2148
impairment of a major bodily function of the pregnant woman that	2149
delay in the performance or inducement of the abortion would	2150
create.	2151

(G) "Physician" has the same meaning as in section 2305.11	2152
2305.113 of the Revised Code.	2153

(H) "Pregnant" means the human female reproductive	2154
condition, that commences with fertilization, of having a	2155
developing fetus.	2156

(I) "Premature infant" means a human whose live birth occurs	2157
prior to thirty-eight weeks of gestational age.	2158

(J) "Serious risk of the substantial and irreversible	2159
impairment of a major bodily function" means any medically	2160
diagnosed condition that so complicates the pregnancy of the woman	2161
as to directly or indirectly cause the substantial and	2162
irreversible impairment of a major bodily function, including, but	2163
not limited to, the following conditions:	2164

(1) Pre-eclampsia;

2165

(2) Inevitable abortion;

2166

(3) Prematurely ruptured membrane;

2167

(4) Diabetes;

2168

(5) Multiple sclerosis.

2169

(K) "Unborn human" means an individual organism of the	2170
species homo sapiens from fertilization until live birth.	2171

(L) "Viable" means the stage of development of a human fetus	2172
at which in the determination of a physician, based on the	2173
particular facts of a woman's pregnancy that are known to the	2174
physician and in light of medical technology and information	2175
reasonably available to the physician, there is a realistic	2176
possibility of the maintaining and nourishing of a life outside of	2177
the womb with or without temporary artificial life-sustaining	2178
support.	2179

Sec. 3923.63.  (A) Notwithstanding section 3901.71 of the	2180
Revised Code, each individual or group policy of sickness and	2181
accident insurance delivered, issued for delivery, or renewed in	2182
this state that provides maternity benefits shall provide coverage	2183
of inpatient care and follow-up care for a mother and her newborn	2184
as follows:	2185

(1) The policy shall cover a minimum of forty-eight hours of	2186
inpatient care following a normal vaginal delivery and a minimum	2187
of ninety-six hours of inpatient care following a cesarean	2188
delivery. Services covered as inpatient care shall include	2189
medical, educational, and any other services that are consistent	2190
with the inpatient care recommended in the protocols and	2191
guidelines developed by national organizations that represent	2192
pediatric, obstetric, and nursing professionals.	2193

(2) The policy shall cover a physician-directed source of	2194
follow-up care. Services covered as follow-up care shall include	2195
physical assessment of the mother and newborn, parent education,	2196
assistance and training in breast or bottle feeding, assessment of	2197
the home support system, performance of any medically necessary	2198
and appropriate clinical tests, and any other services that are	2199
consistent with the follow-up care recommended in the protocols	2200
and guidelines developed by national organizations that represent	2201
pediatric, obstetric, and nursing professionals. The coverage	2202
shall apply to services provided in a medical setting or through	2203
home health care visits. The coverage shall apply to a home	2204
health care visit only if the health care professional who	2205
conducts the visit is knowledgeable and experienced in maternity	2206
and newborn care.	2207

When a decision is made in accordance with division (B) of	2208
this section to discharge a mother or newborn prior to the	2209
expiration of the applicable number of hours of inpatient care	2210
required to be covered, the coverage of follow-up care shall apply	2211
to all follow-up care that is provided within seventy-two hours	2212
after discharge. When a mother or newborn receives at least the	2213
number of hours of inpatient care required to be covered, the	2214
coverage of follow-up care shall apply to follow-up care that is	2215
determined to be medically necessary by the health care	2216
professionals responsible for discharging the mother or newborn.	2217

(B) Any decision to shorten the length of inpatient stay to	2218
less than that specified under division (A)(1) of this section	2219
shall be made by the physician attending the mother or newborn,	2220
except that if a nurse-midwife is attending the mother in	2221
collaboration with a physician, the decision may be made by the	2222
nurse-midwife. Decisions regarding early discharge shall be made	2223
only after conferring with the mother or a person responsible for	2224
the mother or newborn. For purposes of this division, a person	2225
responsible for the mother or newborn may include a parent,	2226
guardian, or any other person with authority to make medical	2227
decisions for the mother or newborn.	2228

(C)(1) No sickness and accident insurer may do either of the	2229
following:	2230

(a) Terminate the participation of a health care	2231
professional or health care facility as a provider under a	2232
sickness and accident insurance policy solely for making	2233
recommendations for inpatient or follow-up care for a particular	2234
mother or newborn that are consistent with the care required to be	2235
covered by this section;	2236

(b) Establish or offer monetary or other financial	2237
incentives for the purpose of encouraging a person to decline the	2238
inpatient or follow-up care required to be covered by this	2239
section.	2240

(2) Whoever violates division (C)(1)(a) or (b) of this	2241
section has engaged in an unfair and deceptive act or practice in	2242
the business of insurance under sections 3901.19 to 3901.26 of the	2243
Revised Code.	2244

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

2245

(1) Require a policy to cover inpatient or follow-up care	2246
that is not received in accordance with the policy's terms	2247
pertaining to the health care professionals and facilities from	2248
which an individual is authorized to receive health care services;	2249

(2) Require a mother or newborn to stay in a hospital or	2250
other inpatient setting for a fixed period of time following	2251
delivery;	2252

(3) Require a child to be delivered in a hospital or other	2253
inpatient setting;	2254

(4) Authorize a nurse-midwife to practice beyond the	2255
authority to practice nurse-midwifery in accordance with Chapter	2256
4723. of the Revised Code;	2257

(5) Establish minimum standards of medical diagnosis, care	2258
or treatment for inpatient or follow-up care for a mother or	2259
newborn. A deviation from the care required to be covered under	2260
this section shall not, solely on the basis of this section, give	2261
rise to a medical claim or derivative medical claim, as those	2262
terms are defined in section 2305.112305.113 of the Revised Code.	2263

Sec. 3923.64.  (A) Notwithstanding section 3901.71 of the	2264
Revised Code, each public employee benefit plan established or	2265
modified in this state that provides maternity benefits shall	2266
provide coverage of inpatient care and follow-up care for a mother	2267
and her newborn as follows:	2268

(1) The plan shall cover a minimum of forty-eight hours of	2269
inpatient care following a normal vaginal delivery and a minimum	2270
of ninety-six hours of inpatient care following a cesarean	2271
delivery. Services covered as inpatient care shall include	2272
medical, educational, and any other services that are consistent	2273
with the inpatient care recommended in the protocols and	2274
guidelines developed by national organizations that represent	2275
pediatric, obstetric, and nursing professionals.	2276

(2) The plan shall cover a physician-directed source of	2277
follow-up care. Services covered as follow-up care shall include	2278
physical assessment of the mother and newborn, parent education,	2279
assistance and training in breast or bottle feeding, assessment of	2280
the home support system, performance of any medically necessary	2281
and appropriate clinical tests, and any other services that are	2282
consistent with the follow-up care recommended in the protocols	2283
and guidelines developed by national organizations that represent	2284
pediatric, obstetric, and nursing professionals. The coverage	2285
shall apply to services provided in a medical setting or through	2286
home health care visits. The coverage shall apply to a home	2287
health care visit only if the health care professional who	2288
conducts the visit is knowledgeable and experienced in maternity	2289
and newborn care.	2290

When a decision is made in accordance with division (B) of	2291
this section to discharge a mother or newborn prior to the	2292
expiration of the applicable number of hours of inpatient care	2293
required to be covered, the coverage of follow-up care shall apply	2294
to all follow-up care that is provided within seventy-two hours	2295
after discharge. When a mother or newborn receives at least the	2296
number of hours of inpatient care required to be covered, the	2297
coverage of follow-up care shall apply to follow-up care that is	2298
determined to be medically necessary by the health care	2299
professionals responsible for discharging the mother or newborn.	2300

(B) Any decision to shorten the length of inpatient stay to	2301
less than that specified under division (A)(1) of this section	2302
shall be made by the physician attending the mother or newborn,	2303
except that if a nurse-midwife is attending the mother in	2304
collaboration with a physician, the decision may be made by the	2305
nurse-midwife. Decisions regarding early discharge shall be made	2306
only after conferring with the mother or a person responsible for	2307
the mother or newborn. For purposes of this division, a person	2308
responsible for the mother or newborn may include a parent,	2309
guardian, or any other person with authority to make medical	2310
decisions for the mother or newborn.	2311

(C)(1) No public employer who offers an employee benefit	2312
plan may do either of the following:	2313

(a) Terminate the participation of a health care	2314
professional or health care facility as a provider under the plan	2315
solely for making recommendations for inpatient or follow-up care	2316
for a particular mother or newborn that are consistent with the	2317
care required to be covered by this section;	2318

(b) Establish or offer monetary or other financial	2319
incentives for the purpose of encouraging a person to decline the	2320
inpatient or follow-up care required to be covered by this	2321
section.	2322

(2) Whoever violates division (C)(1)(a) or (b) of this	2323
section has engaged in an unfair and deceptive act or practice in	2324
the business of insurance under sections 3901.19 to 3901.26 of the	2325
Revised Code.	2326

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

2327

(1) Require a plan to cover inpatient or follow-up care that	2328
is not received in accordance with the plan's terms pertaining to	2329
the health care professionals and facilities from which an	2330
individual is authorized to receive health care services;	2331

(2) Require a mother or newborn to stay in a hospital or	2332
other inpatient setting for a fixed period of time following	2333
delivery;	2334

(3) Require a child to be delivered in a hospital or other	2335
inpatient setting;	2336

(4) Authorize a nurse-midwife to practice beyond the	2337
authority to practice nurse-midwifery in accordance with Chapter	2338
4723. of the Revised Code;	2339

(5) Establish minimum standards of medical diagnosis, care,	2340
or treatment for inpatient or follow-up care for a mother or	2341
newborn. A deviation from the care required to be covered under	2342
this section shall not, solely on the basis of this section, give	2343
rise to a medical claim or derivative medical claim, as those	2344
terms are defined in section 2305.112305.113 of the Revised Code.	2345

Sec. 3929.71.  As used in sections 3929.71 to 3929.85 of the	2346
Revised Code, or any rules adopted pursuant thereto:	2347

(A) "Medical malpractice insurance" means insurance coverage	2348
against the legal liability of the insured and against loss,	2349
damage, or expense incident to a claim arising out of the death,	2350
disease, or injury of any person as the result of negligence or	2351
malpractice in rendering professional service by any licensed	2352
physician, podiatrist, or hospital, as those terms are defined in	2353
section 2305.112305.113 of the Revised Code.	2354

(B) "Association" means the nonprofit unincorporated joint	2355
underwriting association established pursuant to section 3929.72	2356
of the Revised Code.	2357

(C) "Net direct premiums" means gross direct premiums	2358
written on liability insurance including the liability component	2359
of multiple peril package policies as computed by the	2360
superintendent of insurance less return premiums or the unused or	2361
unabsorbed portions of premium deposits.	2362

Sec. 3929.88.  Every insurance company in this state shall	2363
file with the department of insurance all information about the	2364
salaries, bonuses, or other compensation of executive officers of	2365
and members of the boards of directors of the company. Any	2366
information that is filed with the department under this section	2367
is open to public inspection under section 149.43 of the Revised	2368
Code.	2369

Sec. 5111.018.  (A) The provision of medical assistance	2371
under this chapter shall include coverage of inpatient care and	2372
follow-up care for a mother and her newborn as follows:	2373

(1) The medical assistance program shall cover a minimum of	2374
forty-eight hours of inpatient care following a normal vaginal	2375
delivery and a minimum of ninety-six hours of inpatient care	2376
following a cesarean delivery. Services covered as inpatient care	2377
shall include medical, educational, and any other services that	2378
are consistent with the inpatient care recommended in the	2379
protocols and guidelines developed by national organizations that	2380
represent pediatric, obstetric, and nursing professionals.	2381

(2) The medical assistance program shall cover a	2382
physician-directed source of follow-up care. Services covered as	2383
follow-up care shall include physical assessment of the mother and	2384
newborn, parent education, assistance and training in breast or	2385
bottle feeding, assessment of the home support system, performance	2386
of any medically necessary and appropriate clinical tests, and any	2387
other services that are consistent with the follow-up care	2388
recommended in the protocols and guidelines developed by national	2389
organizations that represent pediatric, obstetric, and nursing	2390
professionals. The coverage shall apply to services provided in a	2391
medical setting or through home health care visits. The coverage	2392
shall apply to a home health care visit only if the health care	2393
professional who conducts the visit is knowledgeable and	2394
experienced in maternity and newborn care.	2395

When a decision is made in accordance with division (B) of	2396
this section to discharge a mother or newborn prior to the	2397
expiration of the applicable number of hours of inpatient care	2398
required to be covered, the coverage of follow-up care shall apply	2399
to all follow-up care that is provided within forty-eight hours	2400
after discharge. When a mother or newborn receives at least the	2401
number of hours of inpatient care required to be covered, the	2402
coverage of follow-up care shall apply to follow-up care that is	2403
determined to be medically necessary by the health care	2404
professionals responsible for discharging the mother or newborn.	2405

(B) Any decision to shorten the length of inpatient stay to	2406
less than that specified under division (A)(1) of this section	2407
shall be made by the physician attending the mother or newborn,	2408
except that if a nurse-midwife is attending the mother in	2409
collaboration with a physician, the decision may be made by the	2410
nurse-midwife. Decisions regarding early discharge shall be made	2411
only after conferring with the mother or a person responsible for	2412
the mother or newborn. For purposes of this division, a person	2413
responsible for the mother or newborn may include a parent,	2414
guardian, or any other person with authority to make medical	2415
decisions for the mother or newborn.	2416

(C) The department of job and family services, in	2417
administering the medical assistance program, may not do either of	2418
the following:	2419

(1) Terminate the participation of a health care	2420
professional or health care facility as a provider under the	2421
program solely for making recommendations for inpatient or	2422
follow-up care for a particular mother or newborn that are	2423
consistent with the care required to be covered by this section;	2424

(2) Establish or offer monetary or other financial	2425
incentives for the purpose of encouraging a person to decline the	2426
inpatient or follow-up care required to be covered by this	2427
section.	2428

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

2429

(1) Require the medical assistance program to cover	2430
inpatient or follow-up care that is not received in accordance	2431
with the program's terms pertaining to the health care	2432
professionals and facilities from which an individual is	2433
authorized to receive health care services.	2434

(2) Require a mother or newborn to stay in a hospital or	2435
other inpatient setting for a fixed period of time following	2436
delivery;	2437

(3) Require a child to be delivered in a hospital or other	2438
inpatient setting;	2439

(4) Authorize a nurse-midwife to practice beyond the	2440
authority to practice nurse-midwifery in accordance with Chapter	2441
4723. of the Revised Code;	2442

(5) Establish minimum standards of medical diagnosis, care,	2443
or treatment for inpatient or follow-up care for a mother or	2444
newborn. A deviation from the care required to be covered under	2445
this section shall not, on the basis of this section, give rise to	2446
a medical claim or derivative medical claim, as those terms are	2447
defined in section 2305.112305.113 of the Revised Code.	2448

Section 2. That existing sections 1751.67, 2117.06, 2305.11,	2449
2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22,	2450
2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64,	2451
3929.71, and 5111.018 and sections 2305.27 and 2323.57 of the	2452
Revised Code are hereby repealed.	2453

Section 3. The General Assembly makes the following statement	2454
of findings and intent:	2455

(A) The General Assembly finds:

2456

(1) Medical malpractice litigation represents an increasing	2457
danger to the availability and quality of health care in Ohio.	2458

(2) The number of medical malpractice claims resulting in	2459
payments to plaintiffs has remained relatively constant. However,	2460
the average award to plaintiffs has risen dramatically. Payments	2461
to plaintiffs at or exceeding one million dollars have doubled in	2462
the past three years.	2463

(3) This state has a rational and legitimate state interest	2464
in stabilizing the cost of health care delivery by limiting the	2465
amount of compensatory damages representing noneconomic loss	2466
awards in medical malpractice actions. The overall cost of health	2467
care to the consumer has been driven up by the fact that	2468
malpractice litigation causes health care providers to over	2469
prescribe, over treat, and over test their patients. The General	2470
Assembly bases its finding on this state interest upon the	2471
following evidence:	2472

(a) The Superintendent of Insurance has stated that medical	2473
malpractice insurers' investments are not to blame for the	2474
increase in medical malpractice insurance premiums. The vast	2475
majority of these insurers' assets are invested in bonds and other	2476
fixed income investments, not in stocks. Investment income	2477
declined by less than one per cent from 1996 to 2001.	2478

(b) Many medical malpractice insurers left the Ohio market as	2479
they faced increasing losses, largely as a consequence of rapidly	2480
rising compensatory damages and noneconomic loss awards in medical	2481
malpractice actions. The Department of Insurance reports that	2482
only six admitted carriers continue to actively write coverage in	2483
Ohio at this time.	2484

(c) As insurers have left the market, physicians, hospitals,	2485
and other health care practitioners have had an increasingly	2486
difficult time finding affordable medical malpractice insurance.	2487
Some health care practitioners, including a large number of	2488
specialists, have been forced out of the practice of medicine	2489
altogether as a consequence. The Ohio State Medical Association	2490
reports fifteen per cent of Ohio's physicians are considering or	2491
have already relocated their practices due to rising medical	2492
malpractice insurance costs.	2493

(d) As stated in testimony provided by Lawrence E. Smarr,	2494
President of the Physician Insurers Association of America,	2495
medical malpractice costs have increased even while sixty-one per	2496
cent of all claims filed against individual practitioners are	2497
dropped or dismissed by the court and even while the defendants	2498
win eighty per cent of all claims that are continued through trial	2499
to verdict.	2500

(e) The U.S. Department of Health and Human Services	2501
published a report in 2002 stating that health care practitioners	2502
in states with effective caps on noneconomic damages are	2503
experiencing premium increases in the twelve to fifteen per cent	2504
range, as compared to an average forty-four per cent increase in	2505
states that do not cap noneconomic damage awards.	2506

(4)(a) The distinction among claimants with a permanent	2507
physical functional loss strikes a reasonable balance between	2508
potential plaintiffs and defendants in consideration of the intent	2509
of an award for noneconomic losses, while treating similar	2510
plaintiffs equally, acknowledging that such distinctions do not	2511
limit the award of actual economic damages.	2512

(b) The limit on compensatory damages representing	2513
noneconomic loss to the greater of two hundred fifty thousand	2514
dollars, or an amount equal to three times the plaintiff's	2515
economic loss to a maximum of five hundred thousand dollars, and	2516
the limit on the amount recoverable for noneconomic losses to the	2517
greater of one million dollars or fifteen thousand dollars times	2518
the number of years remaining in the injured person's expected	2519
life for certain permanent and substantial injuries and deformity,	2520
is based on testimony asking the members of the General Assembly	2521
to recognize these distinctions and stating that the cap amounts	2522
are similar to caps on awards adopted by other states.	2523

(c) In Evans v. State (Sup. Ct. Alaska, August 30, 2002), No.	2524
5618, 2002 Alas. LEXIS 135, one of the issues addressed by the	2525
Alaska Supreme Court is whether the caps on noneconomic and	2526
punitive damages constitute a violation of the right to a trial by	2527
jury granted by the Alaska Constitution and the Seventh Amendment	2528
to the United States Constitution. The Court held that the	2529
damages caps do not violate the constitutional right to a trial by	2530
jury and agreed with the reasoning by the Third Circuit Court of	2531
Appeals in Davis v. Omitowoju (3d Cir. 1989), 883 F.2d 1155, which	2532
interpreted the Seventh Amendment to the United States	2533
Constitution to allow damages caps. The Alaska Supreme Court	2534
relied on the Davis holding that a damages cap did not intrude on	2535
the jury's fact-finding function, because the cap was a "policy	2536
decision" applied after the jury's determination and did not	2537
constitute a re-examination of the factual question of damages.	2538
Evans v. State, supra, at pp. 11-12.	2539

It is the intent of the General Assembly that as a matter of	2540
policy, the limits on compensatory damages for noneconomic loss	2541
are applied after a jury's determination of the factual question	2542
of damages.	2543

(d) A report from the U.S. Department of Health and Human	2544
Services, Update on the Medical Litigation Crisis: Not the Result	2545
of the Insurance Cycle (Sept. 25, 2002), states that among states	2546
that have adopted a two hundred fifty thousand dollar cap on	2547
noneconomic damages are: Indiana, Colorado, California, Nebraska,	2548
Utah, and Montana. These states, as well as others that have	2549
imposed meaningful caps on noneconomic damages, report	2550
significantly lower increases in average premium rates than those	2551
states without caps. Limits on damages have been upheld by other	2552
state supreme courts, as in Fein v. Permanente Medical Group	2553
(1985), 38 Cal.3d 137, 695 P.2d 665, Johnson v. St. Vincent	2554
Hospital, Inc. (1980), 273 Ind. 374, 404 N.E.2d 585, and Evans v.	2555
State, supra.	2556

(5) This legislation does not affect the award of economic	2557
damages, such as for lost wages and medical care.	2558

(6)(a) That a statute of repose on medical, dental,	2559
optometric, and chiropractic claims strikes a rational balance	2560
between the rights of prospective claimants and the rights of	2561
hospitals and health care practitioners;	2562

(b) Over time, the availability of relevant evidence	2563
pertaining to an incident and the availability of witnesses	2564
knowledgeable with respect to the diagnosis, care, or treatment of	2565
a prospective claimant becomes problematic.	2566

(c) The maintenance of records and other documentation	2567
related to the delivery of medical services, for a period of time	2568
in excess of the time period presented in the statute of repose,	2569
presents an unacceptable burden to hospitals and health care	2570
practitioners.	2571

(d) Over time, the standards of care pertaining to various	2572
health care services may change dramatically due to advances being	2573
made in health care, science, and technology, thereby making it	2574
difficult for expert witnesses and triers of fact to discern the	2575
standard of care relevant to the point in time when the relevant	2576
health care services were delivered.	2577

(e) This legislation precludes unfair and unconstitutional	2578
aspects of state litigation but does not affect timely medical	2579
malpractice actions brought to redress legitimate grievances.	2580

(f) This legislation addresses the aspects of current	2581
division (B) of section 2305.11 of the Revised Code, the	2582
application of which was found by the Ohio Supreme Court to be	2583
unconstitutional in Gaines v. Preterm-Cleveland, Inc. (1987), 33	2584
Ohio St.3d 54. In Dunn v. St. Francis Hospital, Inc. (Del. 1982),	2585
401 Atl.2d 77, the Delaware Supreme Court found the Delaware	2586
three-year statute of repose constitutional as not violative of	2587
the Delaware Constitution's open courts provision.	2588

(B) In consideration of these findings, the General Assembly	2589
declares its intent to accomplish all of the following by the	2590
enactment of this act:	2591

(1) To stem the exodus of medical malpractice insurers from	2592
the Ohio market;	2593

(2) To increase the availability of medical malpractice	2594
insurance to Ohio's hospitals, physicians, and other health care	2595
practitioners, thus ensuring the availability of quality health	2596
care for the citizens of this state;	2597

(3) To continue to hold negligent health care providers	2598
accountable for their actions;	2599

(4) To preserve the right of patients to seek legal recourse	2600
for medical malpractice.	2601

(5)(a) To abrogate the common law collateral source rules as	2602
adopted by the Ohio Supreme Court in Pryor v. Webber (1970), 23	2603
Ohio St.2d 104, and reaffirmed in Sorrell v. Thevenir (1994), 69	2604
Ohio St.3d 415;	2605

(b) To address the aspects of former section 2317.45 of the	2606
Revised Code that the Supreme Court found in Sorrell v. Thevenir	2607
(1994), 69 Ohio St.3d 415, May v. Tandy Corp. (1994), 69 Ohio	2608
St.3d 415, and DePew v. Ogella (1994), 69 Ohio St.3d 610, to be	2609
unconstitutional as being violative of the equal protection	2610
provision of Section 2, the right to a trial by jury provision of	2611
Section 5, and the due course of law, right to a remedy, and open	2612
court provision of Section 16 of Article I of the Ohio	2613
Constitution.	2614

(C)(1) The Ohio General Assembly respectfully requests the	2615
Ohio Supreme Court to uphold this intent in the courts of Ohio, to	2616
reconsider its holding on damage caps in State v. Sheward (1999),	2617
Ohio St.3d 451, to reconsider its holding on the deductibility of	2618
collateral source benefits in Sorrel v. Thevenir (1994), 69 Ohio	2619
St.3d 415, and to reconsider its holding on statutes of repose in	2620
Sedar v. Knowlton Constr. Co. (1990), 49 Ohio St.3d 193, thereby	2621
providing health care practitioners with access to affordable	2622
medical malpractice insurance and maintaining the provision of	2623
quality health care in Ohio.	2624

(2) The General Assembly acknowledges the Court's authority	2625
in prescribing rules governing practice and procedure in the	2626
courts of this state as provided by Section 5 of Article IV of the	2627
Ohio Constitution.	2628

Section 4.  (A) There is hereby created the Ohio Medical	2629
Malpractice Commission consisting of seven members. The President	2630
of the Senate shall appoint three of the members, and the Speaker	2631
of the House of Representatives shall appoint three of the	2632
members. The Director of the Department of Insurance or the	2633
Director's designee shall be the seventh member of the Commission.	2634
Of the six members appointed by the President of the Senate and	2635
the Speaker of the House of Representatives, one shall represent	2636
the Ohio State Bar Association, one shall represent the Ohio State	2637
Medical Association, and one shall represent the insurance	2638
companies in Ohio, and all of them shall have expertise in medical	2639
malpractice insurance issues.	2640

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

2641

(1) Study the effects of this act;

2642

(2) Investigate the problems posed by, and the issues	2643
surrounding, medical malpractice;	2644

(3) Submit a report of its findings to the members of the	2645
General Assembly not later than two years after the effective date	2646
of this act.	2647

(C) Any vacancy in the membership of the Commission shall be	2648
filled in the same manner in which the original appointment was	2649
made.	2650

(D) The members of the Commission shall by majority vote	2651
elect a chairperson from among themselves.	2652

(E) Each member of the Commission shall be reimbursed by the	2653
Department of Insurance for expenses that are actually and	2654
necessarily incurred in the performance of the duties of the	2655
member.	2656

(F) The Department of Insurance shall provide any technical,	2657
professional, and clerical employees that are necessary for the	2658
Commission to perform its duties.	2659

Section 5.  (A)(1) In recognition of the statewide concern	2660
over the rising cost of medical malpractice insurance and the	2661
difficulty that health care practitioners have in locating	2662
affordable medical malpractice insurance, the Superintendent of	2663
Insurance shall study the feasibility of a Patient Compensation	2664
Fund to cover medical malpractice claims, including, but not	2665
limited to the following:	2666

(a) The financial responsibility limits for providers that	2667
are covered in Sub. Senate Bill 281 of the 124th General Assembly,	2668
and the Patient Compensation Fund;	2669

(b) The identification of methods of funding, which include,	2670
but are not limited to, surcharges on providers and all insurers	2671
authorized to write and engaged in writing liability insurance	2672
policies including insurers covering such perils in multiple peril	2673
package policies;	2674

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

2675

(d) The participation requirements.

2676

(2) The Superintendent shall submit a copy of a preliminary	2677
report by March 3, 2003, with a final report by May 1, 2003, to	2678
the Governor, the Speaker of the Ohio House of Representatives,	2679
the President of the Ohio Senate, and the chairpersons of the	2680
committees of the General Assembly with jurisdiction over issues	2681
relating to medical malpractice liability. The final report shall	2682
include the Superintendent's recommendations for implementing the	2683
Patient's Compensation Fund which the General Assembly shall	2684
implement not later than July 1, 2003.	2685

(B) The Superintendent of Insurance shall make	2686
recommendations for the operation of a Patient's Compensation Fund	2687
designed to assist health care practitioners in satisfying medical	2688
malpractice awards above designated amounts. The Fund shall be	2689
designed and funded as necessary to satisfy that portion of the	2690
awards for damages for noneconomic loss under division (A)(2) of	2691
section 2323.43 of the Revised Code resulting from medical	2692
malpractice claims against hospitals, physicians, and other health	2693
care practitioners in excess of three hundred fifty thousand	2694
dollars to a maximum of five hundred thousand dollars. The	2695
recommendations shall also provide for the satisfaction of the	2696
awards for damages for noneconomic loss under division (A)(3) of	2697
section 2323.43 of the Revised Code resulting from medical	2698
malpractice claims against hospitals, physicians, and other health	2699
care practitioners in excess of five hundred thousand dollars to a	2700
maximum of the greater of one million dollars or fifteen thousand	2701
dollars times the number of years remaining in the injured	2702
person's expected life. The Fund shall act to satisfy awards for	2703
damages in the amounts provided in this division only as to awards	2704
made after the implementation of the Fund's operation.	2705

(C) In order to create a source of money for the Fund	2706
sufficient to satisfy claims made against it for that portion of	2707
medical malpractice awards identified in division (B) of this	2708
section, the Superintendent shall also make recommendations for	2709
another source of state or private money for the Fund. The money	2710
in the Fund and any income from the Fund shall be used solely for	2711
the satisfaction of claims made against the Fund and the expenses	2712
of administering the Fund. The Superintendent's recommendations	2713
shall include a mechanism for making, and the assessment of,	2714
claims against the Fund.	2715

Section 6. The Department of Insurance shall annually,	2716
beginning with information relative to the year 2002, provide the	2717
Ohio General Assembly with a report on all of the following: (1)	2718
medical malpractice insurance rates in Ohio; (2) the number of	2719
insurers offering medical malpractice insurance in Ohio; and (3)	2720
the number of insurer applications submitted to the Department of	2721
Insurance seeking rate increases for medical malpractice	2722
insurance, and the Department's decisions on those requests. The	2723
Department of Insurance shall provide the annual report to the	2724
Speaker and minority leader of the House of Representatives, the	2725
President and minority leader of the Senate, the chairperson and	2726
ranking minority member of the insurance committees of both	2727
houses, and the Ohio Medical Malpractice Commission, on or before	2728
the thirty-first day of March of each year.	2729

Section 7. (A) Sections 1751.67, 2117.06, 2305.11, 2305.15,	2730
2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23,	2731
2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, and	2732
5111.018 of the Revised Code, as amended by this act, and sections	2733
2303.23, 2305.113, 2323.41, 2323.42, 2323.43, and 2323.55 of the	2734
Revised Code, as enacted by this act, apply to civil actions upon	2735
a medical claim, dental claim, optometric claim, or chiropractic	2736
claim in which the act or omission that constitutes the alleged	2737
basis of the claim occurs on or after the effective date of this	2738
act.	2739

(B) As used in this section, "medical claim," "dental	2740
claim," "optometric claim," and "chiropractic claim" have the same	2741
meanings as in section 2305.113 of the Revised Code.	2742

Section 8. If any item of law that constitutes the whole or	2743
part of a section of law contained in this act, or if any	2744
application of any item of law that constitutes the whole or part	2745
of a section of law contained in this act, is held invalid, the	2746
invalidity does not affect other items of law or applications of	2747
items of law that can be given effect without the invalid item of	2748
law or application. To this end, the items of law of which the	2749
sections contained in this act are composed, and their	2750
applications, are independent and severable.	2751

Section 9. If any item of law that constitutes the whole or	2752
part of a section of law contained in this act, or if any	2753
application of any item of law contained in this act, is held to	2754
be preempted by federal law, the preemption of the item of law or	2755
its application does not affect other items of law or applications	2756
that can be given affect. The items of law of which the sections	2757
of this act are composed, and their applications, are independent	2758
and severable.	2759

Section 10.  Section 2117.06 of the Revised Code is	2760
presented in this act as a composite of the section as amended by	2761
both Sub. H.B. 85 and Sub. S.B. 108 of the 124th General	2762
Assembly. The General Assembly, applying the principle stated in	2763
division (B) of section 1.52 of the Revised Code that amendments	2764
are to be harmonized if reasonably capable of simultaneous	2765
operation, finds that the composite is the resulting version of	2766
the section in effect prior to the effective date of the section	2767
as presented in this act.	2768