Section 1. That sections 1751.67, 2117.06, 2305.11, 2305.15, | 10 |
2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23, | 11 |
2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 3929.71, | 12 |
4705.15, and 5111.018 be amended and sections 2305.113, 2323.41, | 13 |
2323.43, and 2323.55 of the Revised Code be enacted to read as | 14 |
follows: | 15 |
(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 |
(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 |
(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 |
(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 |
(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 |
(K) If the executor or administrator makes a distribution
of | 179 |
the assets of the estate prior to the expiration of the time
for | 180 |
the filing of claims as set forth in this section,
the executor | 181 |
or administrator shall
provide notice
on the account delivered to | 182 |
each distributee
that the distributee may be liable
to the estate | 183 |
up to the value of the distribution and may be
required to return | 184 |
all or any part of the value of the
distribution if a valid claim | 185 |
is subsequently made against the
estate within the time permitted | 186 |
under this section. | 187 |
Sec. 2305.11. (A) An action for libel, slander, malicious | 188 |
prosecution,
or false imprisonment, an action for malpractice | 189 |
other than an
action upon a medical, dental, optometric, or | 190 |
chiropractic claim,
or an action
upon a statute for a penalty or | 191 |
forfeiture shall be
commenced within one year
after the cause of | 192 |
action accrued, provided that an action by an employee
for the | 193 |
payment of
unpaid minimum wages, unpaid overtime compensation, or | 194 |
liquidated
damages by reason of the nonpayment of minimum wages
or | 195 |
overtime
compensation shall be commenced within two years
after | 196 |
the cause
of action accrued. | 197 |
(B)(1) Subject to division (B)(2) of this
section, an
action | 198 |
upon a medical, dental, optometric, or
chiropractic claim
shall be | 199 |
commenced within one year after the
cause of action accrued, | 200 |
except that, if prior to the
expiration of that one-year
period,
a | 201 |
claimant who allegedly
possesses a medical, dental, optometric,
or | 202 |
chiropractic claim
gives to the person who is the subject of
that | 203 |
claim written
notice that the claimant is considering
bringing an | 204 |
action upon
that claim, that action may be commenced
against the | 205 |
person
notified at any time within one hundred eighty
days after | 206 |
the
notice is so given. | 207 |
(b) If an action upon a medical, dental, optometric, or | 215 |
chiropractic claim is not commenced within four years
after the | 216 |
occurrence of the act or omission constituting the alleged basis | 217 |
of the medical, dental, optometric,
or chiropractic claim, then, | 218 |
notwithstanding the time when the action
is determined to accrue | 219 |
under division (B)(1) of this section, any action upon that claim | 220 |
is barred. | 221 |
(C) A civil action for unlawful abortion pursuant to
section | 222 |
2919.12 of the Revised Code, a civil action
authorized by division | 223 |
(H) of section 2317.56 of the Revised Code,
a civil action | 224 |
pursuant to division (B)(1) or (2) of section
2307.51 of the | 225 |
Revised Code for performing a dilation and extraction procedure
or | 226 |
attempting to perform a dilation and extraction procedure in | 227 |
violation of
section 2919.15 of the Revised Code, and a civil | 228 |
action pursuant to division
(B)(1) or (2) of section 2307.52 of | 229 |
the Revised Code for terminating or
attempting to terminate a | 230 |
human pregnancy after viability in violation of
division (A) or | 231 |
(B) of section 2919.17 of the Revised Code shall be commenced | 232 |
within one year after the performance or inducement of the | 233 |
abortion, within
one year after the attempt to perform or induce | 234 |
the abortion in violation of
division (A) or (B) of section | 235 |
2919.17 of the Revised Code, within one year
after the performance | 236 |
of the dilation and extraction procedure, or, in the
case of a | 237 |
civil action pursuant to division (B)(2) of section 2307.51 of the | 238 |
Revised Code, within one year after the attempt to perform the | 239 |
dilation and
extraction procedure. | 240 |
(1)
"Hospital" includes any person, corporation,
association, | 242 |
board, or authority that is responsible for the
operation of any | 243 |
hospital licensed or registered in the state,
including, but not | 244 |
limited to, those
that are owned or operated
by the state, | 245 |
political subdivisions, any person, any
corporation,
or any | 246 |
combination thereof.
"Hospital" also
includes any person, | 247 |
corporation, association, board, entity, or
authority that is | 248 |
responsible for the operation of any clinic
that
employs a | 249 |
full-time staff of physicians practicing in more
than
one | 250 |
recognized medical specialty and rendering advice,
diagnosis, | 251 |
care, and treatment to individuals.
"Hospital" does
not include | 252 |
any hospital operated by the government of the United
States or | 253 |
any of its branches. | 254 |
(3)
"Medical claim" means any claim that is asserted in
any | 260 |
civil action against a physician, podiatrist,
hospital,
home,
or | 261 |
residential facility,
against
any employee or agent of a | 262 |
physician, podiatrist,
hospital,
home, or residential facility, | 263 |
or
against a registered nurse or
physical therapist,
and
that | 264 |
arises
out of the medical diagnosis, care, or treatment
of
any | 265 |
person.
"Medical claim" includes
the following: | 266 |
(6)
"Dental claim" means any claim that is asserted in any | 284 |
civil action against a dentist, or against any employee or agent | 285 |
of a dentist, and that arises out of a dental operation or the | 286 |
dental diagnosis, care, or treatment of any person.
"Dental
claim" | 287 |
includes derivative claims for relief that arise from a
dental | 288 |
operation or the dental diagnosis, care, or treatment of a
person. | 289 |
(7)
"Derivative claims for relief" include, but are not | 290 |
limited to, claims of a parent, guardian, custodian, or spouse of | 291 |
an individual who was the subject of any medical diagnosis, care, | 292 |
or treatment, dental diagnosis, care, or treatment, dental | 293 |
operation, optometric diagnosis, care, or
treatment, or | 294 |
chiropractic diagnosis, care, or treatment, that arise from that | 295 |
diagnosis, care, treatment, or operation, and that seek the | 296 |
recovery of damages for any of the following: | 297 |
(a) Loss of society, consortium, companionship, care, | 298 |
assistance, attention, protection, advice, guidance, counsel, | 299 |
instruction, training, or education, or any other intangible loss | 300 |
that was sustained by the parent, guardian, custodian, or spouse; | 301 |
(b) Expenditures of the parent, guardian, custodian, or | 302 |
spouse for medical, dental, optometric, or chiropractic care or | 303 |
treatment, for rehabilitation services, or for other care, | 304 |
treatment, services, products, or accommodations provided to the | 305 |
individual who was the subject of the medical diagnosis, care, or | 306 |
treatment, the dental diagnosis, care, or treatment, the dental | 307 |
operation, the optometric diagnosis, care, or
treatment, or the | 308 |
chiropractic diagnosis, care, or treatment. | 309 |
(9)
"Chiropractic claim" means any claim that is asserted
in | 313 |
any civil action against a chiropractor, or against any
employee | 314 |
or agent of a chiropractor, and that arises out of the | 315 |
chiropractic diagnosis, care, or treatment of any person.
| 316 |
"Chiropractic claim" includes derivative claims for relief that | 317 |
arise from the chiropractic diagnosis, care, or treatment of a | 318 |
person. | 319 |
(11)
"Optometric claim" means any claim that is asserted
in | 322 |
any civil action against an optometrist, or against any
employee | 323 |
or agent of an optometrist, and that arises out of the
optometric | 324 |
diagnosis, care, or treatment of any person.
"Optometric claim" | 325 |
includes derivative claims for relief that
arise from the | 326 |
optometric diagnosis, care, or treatment of a
person. | 327 |
(2) If an action upon a medical, dental, optometric, or | 364 |
chiropractic claim is not commenced within four years after the | 365 |
occurrence of the act or omission constituting the alleged basis | 366 |
of the medical, dental, optometric, or chiropractic claim, then, | 367 |
notwithstanding the time when the action is determined to accrue | 368 |
under division (A) or (B) of this section, any action upon that | 369 |
claim is barred. | 370 |
(1) "Hospital" includes any person, corporation, | 372 |
association, board, or authority that is responsible for the | 373 |
operation of any hospital licensed or registered in the state, | 374 |
including, but not limited to, those that are owned or operated by | 375 |
the state, political subdivisions, any person, any corporation, or | 376 |
any combination of the state, political subdivisions, persons, and | 377 |
corporations. "Hospital" also includes any person, corporation, | 378 |
association, board, entity, or authority that is responsible for | 379 |
the operation of any clinic that employs a full-time staff of | 380 |
physicians practicing in more than one recognized medical | 381 |
specialty and rendering advice, diagnosis, care, and treatment to | 382 |
individuals. "Hospital" does not include any hospital operated by | 383 |
the government of the United States or any of its branches. | 384 |
(3) "Medical claim" means any claim that is asserted in any | 390 |
civil action against a physician, podiatrist, hospital, home, or | 391 |
residential facility, against
any employee or agent of a | 392 |
physician, podiatrist, hospital, home, or residential facility, or | 393 |
against a licensed practical nurse, registered nurse, advanced | 394 |
practice nurse, physical therapist, physician assistant, emergency | 395 |
medical technician-basic, emergency medical | 396 |
technician-intermediate, or emergency medical | 397 |
technician-paramedic, and that arises
out of the medical | 398 |
diagnosis, care, or treatment of any person.
"Medical claim" | 399 |
includes the following: | 400 |
(6) "Dental claim" means any claim that is asserted in any | 418 |
civil action against a dentist, or against any employee or agent | 419 |
of a dentist, and that arises out of a dental operation or the | 420 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 421 |
includes derivative claims for relief that arise from a dental | 422 |
operation or the dental diagnosis, care, or treatment of a person. | 423 |
(7) "Derivative claims for relief" include, but are not | 424 |
limited to, claims of a parent, guardian, custodian, or spouse of | 425 |
an individual who was the subject of any medical diagnosis, care, | 426 |
or treatment, dental diagnosis, care, or treatment, dental | 427 |
operation, optometric diagnosis, care, or treatment, or | 428 |
chiropractic diagnosis, care, or treatment, that arise from that | 429 |
diagnosis, care, treatment, or operation, and that seek the | 430 |
recovery of damages for any of the following: | 431 |
(a) Loss of society, consortium, companionship, care, | 432 |
assistance, attention, protection, advice, guidance, counsel, | 433 |
instruction, training, or education, or any other intangible loss | 434 |
that was sustained by the parent, guardian, custodian, or spouse; | 435 |
(b) Expenditures of the parent, guardian, custodian, or | 436 |
spouse for medical, dental, optometric, or chiropractic care or | 437 |
treatment, for rehabilitation services, or for other care, | 438 |
treatment, services, products, or accommodations provided to the | 439 |
individual who was the subject of the medical diagnosis, care, or | 440 |
treatment, the dental diagnosis, care, or treatment, the dental | 441 |
operation, the optometric diagnosis, care, or treatment, or the | 442 |
chiropractic diagnosis, care, or treatment. | 443 |
(9) "Chiropractic claim" means any claim that is asserted in | 447 |
any civil action against a chiropractor, or against any employee | 448 |
or agent of a chiropractor, and that arises out of the | 449 |
chiropractic diagnosis, care, or treatment of any person. | 450 |
"Chiropractic claim" includes derivative claims for relief that | 451 |
arise from the chiropractic diagnosis, care, or treatment of a | 452 |
person. | 453 |
(11) "Optometric claim" means any claim that is asserted in | 456 |
any civil action against an optometrist, or against any employee | 457 |
or agent of an optometrist, and that arises out of the optometric | 458 |
diagnosis, care, or treatment of any person. "Optometric claim" | 459 |
includes derivative claims for relief that arise from the | 460 |
optometric diagnosis, care, or treatment of a person. | 461 |
Sec. 2305.15. (A) When a cause of action accrues against
a | 474 |
person, if
hethe person is out of the state, has absconded,
or | 475 |
conceals
himselfself, the period of limitation for the | 476 |
commencement of
the
action as provided in sections 2305.04 to | 477 |
2305.14, 1302.98, and
1304.35 of the Revised Code does not begin | 478 |
to run until
hethe
person comes
into the state or while
hethe | 479 |
person is so absconded or
concealed. After
the cause of action | 480 |
accrues if
hethe person departs from the
state,
absconds, or | 481 |
conceals
himselfself, the time of
histhe person's absence or | 482 |
concealment shall not be computed as any part of a period within | 483 |
which the action must be brought. | 484 |
(B) When a person is imprisoned for the commission of any | 485 |
offense, the time of
histhe person's imprisonment shall not be | 486 |
computed as
any part of any period of limitation, as provided in | 487 |
section
2305.09, 2305.10, 2305.11,
2305.113, or 2305.14 of the | 488 |
Revised Code, within
which any person must bring any action | 489 |
against the imprisoned
person. | 490 |
(5)
"Health care worker" means a person other than a health | 530 |
care
professional who provides medical, dental, or other | 531 |
health-related care or
treatment under the direction of a health | 532 |
care professional with the authority
to direct that individual's | 533 |
activities, including
medical technicians, medical assistants, | 534 |
dental assistants,
orderlies, aides, and individuals acting in | 535 |
similar capacities. | 536 |
(i) The person is not a policyholder, certificate
holder, | 550 |
insured, contract holder, subscriber, enrollee, member, | 551 |
beneficiary, or other covered individual under a health insurance | 552 |
or health care policy, contract, or plan. | 553 |
(ii) The person is a policyholder, certificate holder, | 554 |
insured, contract holder, subscriber, enrollee, member, | 555 |
beneficiary, or other covered individual under a health insurance | 556 |
or health care policy, contract, or plan, but the insurer,
policy, | 557 |
contract, or plan denies coverage or is the subject of
insolvency | 558 |
or bankruptcy proceedings in any jurisdiction. | 559 |
(7)
"Operation" means any procedure that involves cutting or | 560 |
otherwise
infiltrating human tissue by mechanical means, including | 561 |
surgery, laser
surgery, ionizing radiation, therapeutic | 562 |
ultrasound, or the removal of
intraocular foreign bodies. | 563 |
"Operation" does not include the administration
of medication by | 564 |
injection, unless the injection is administered in
conjunction | 565 |
with a procedure infiltrating human tissue by mechanical means | 566 |
other than the administration of medicine by injection. | 567 |
(8)
"Nonprofit shelter or health care facility" means
a | 568 |
charitable nonprofit corporation organized and
operated pursuant | 569 |
to Chapter 1702. of the Revised
Code, or any charitable | 570 |
organization not organized and not operated
for profit, that | 571 |
provides shelter, health care services, or
shelter and health care | 572 |
services to indigent and uninsured persons,
except that
"shelter | 573 |
or
health care facility" does not include a hospital as defined in | 574 |
section
3727.01 of the Revised Code, a facility licensed under | 575 |
Chapter 3721. of the
Revised Code, or a medical facility that is | 576 |
operated for profit. | 577 |
(10)
"Volunteer" means an individual who provides any | 582 |
medical, dental, or
other health-care related diagnosis, care, or | 583 |
treatment without
the expectation of receiving and without receipt | 584 |
of any compensation or other
form of remuneration from an indigent | 585 |
and uninsured person,
another person on behalf of an indigent and | 586 |
uninsured person, any shelter or
health care facility, or any | 587 |
other person or government entity. | 588 |
(B)(1) Subject to divisions (E) and (F)(3) of this section, | 589 |
a health care
professional who is a volunteer and complies with | 590 |
division (B)(2) of this
section is not liable in damages to any | 591 |
person or government entity in a tort
or other civil action, | 592 |
including an action on a medical, dental,
chiropractic, | 593 |
optometric, or other health-related claim, for injury, death, or | 594 |
loss to person or property that allegedly arises from an action or | 595 |
omission of the volunteer in the provision at a nonprofit shelter | 596 |
or health
care facility to an indigent and uninsured person of | 597 |
medical, dental, or other
health-related diagnosis, care, or | 598 |
treatment, including the provision of samples of medicine and | 599 |
other medical
products, unless the action or omission constitutes | 600 |
willful or wanton
misconduct. | 601 |
(c) Obtain the informed consent of the person and a written | 610 |
waiver, signed by the person or by
another individual on behalf of | 611 |
and in the presence of the person, that states
that the person is | 612 |
mentally competent to give informed consent and,
without being | 613 |
subject to duress or under undue influence, gives
informed consent | 614 |
to the provision of the diagnosis, care, or
treatment subject to | 615 |
the provisions of this section. | 616 |
(C) Subject to divisions (E) and (F)(3) of this section, | 621 |
health care workers
who are volunteers are not liable in damages | 622 |
to any person or government
entity in a tort or other civil | 623 |
action, including an action upon a medical,
dental, chiropractic, | 624 |
optometric, or other health-related claim, for injury,
death, or | 625 |
loss to person or property that allegedly arises from
an action or | 626 |
omission of the health care worker in the
provision at a nonprofit | 627 |
shelter or health care facility to an indigent and
uninsured | 628 |
person of medical, dental, or other health-related diagnosis, | 629 |
care,
or treatment, unless the action or omission constitutes | 630 |
willful or wanton
misconduct. | 631 |
(D) Subject to divisions (E) and (F)(3) of this section and | 632 |
section 3701.071
of the Revised Code, a nonprofit shelter or | 633 |
health care facility associated
with a health care professional | 634 |
described in division (B)(1) of this section or a health care | 635 |
worker described in division (C) of this section is
not liable in | 636 |
damages to any person or government entity in a tort or other | 637 |
civil action, including an action on a medical, dental, | 638 |
chiropractic,
optometric, or
other health-related claim, for | 639 |
injury, death, or loss to person or property
that allegedly arises | 640 |
from an action or omission of the health care
professional or | 641 |
worker in providing for the shelter or facility medical,
dental, | 642 |
or other health-related diagnosis, care, or treatment to an | 643 |
indigent
and uninsured person, unless the action or omission | 644 |
constitutes willful or
wanton misconduct. | 645 |
(E)(1) Except as provided in division (E)(2) of this | 646 |
section, the immunities provided by divisions
(B), (C), and (D) of | 647 |
this section are not
available to an individual or to a
nonprofit | 648 |
shelter or health care facility if, at the time of an alleged | 649 |
injury, death, or loss to person or property, the individuals | 650 |
involved are
providing one of the following: | 651 |
(5) This section does not affect any legal
responsibility of | 683 |
a nonprofit shelter or health care facility to comply
with any | 684 |
applicable law of this state, rule of an agency of this
state, or | 685 |
local code, ordinance, or regulation that pertains to
or regulates | 686 |
building, housing, air pollution, water pollution,
sanitation, | 687 |
health, fire, zoning, or safety. | 688 |
(A) An attorney, concerning a communication made to the | 691 |
attorney by a client in that relation or the
attorney's advice to | 692 |
a client, except
that the attorney may testify by express consent | 693 |
of the client
or, if the client is deceased, by the express | 694 |
consent of the
surviving spouse or the executor or administrator | 695 |
of the estate
of the deceased client and except that, if the | 696 |
client voluntarily
testifies or is deemed by section 2151.421 of | 697 |
the Revised Code to
have waived any testimonial privilege under | 698 |
this division, the
attorney may be compelled to testify on the | 699 |
same subject; | 700 |
(B)(1) A physician or a dentist concerning a communication | 701 |
made to the physician or dentist by a patient in that relation or | 702 |
the
physician's or dentist's advice to a
patient, except as | 703 |
otherwise provided in this division, division (B)(2), and
division | 704 |
(B)(3) of this section, and except that, if the patient
is deemed | 705 |
by section 2151.421 of the Revised Code to have waived
any | 706 |
testimonial privilege under this division, the physician may
be | 707 |
compelled to testify on the same subject. | 708 |
(iii) If a medical claim, dental claim, chiropractic
claim, | 721 |
or optometric claim, as defined in section
2305.112305.113 of the | 722 |
Revised
Code, an action for wrongful death, any other type of | 723 |
civil
action, or a claim under Chapter 4123. of the Revised Code | 724 |
is
filed by the patient, the personal representative of the
estate | 725 |
of
the patient if deceased, or the patient's guardian
or other | 726 |
legal
representative. | 727 |
(b) In any civil action concerning court-ordered treatment | 728 |
or services
received by a patient, if the court-ordered treatment | 729 |
or services were ordered
as part of a case plan journalized under | 730 |
section 2151.412 of the Revised Code or the
court-ordered | 731 |
treatment or services are necessary or relevant to dependency, | 732 |
neglect, or abuse or temporary or permanent custody proceedings | 733 |
under
Chapter 2151. of the Revised Code. | 734 |
(d) In any criminal action against a physician
or dentist. | 740 |
In such an action, the testimonial privilege
established under | 741 |
this division does not prohibit the admission
into evidence, in | 742 |
accordance with the
Rules of
Evidence, of a patient's
medical or | 743 |
dental records or other communications between a
patient and the | 744 |
physician or dentist that are related to the
action and obtained | 745 |
by subpoena, search warrant, or other lawful
means. A court that | 746 |
permits or compels a physician or dentist
to testify in such an | 747 |
action or permits the introduction into
evidence of patient | 748 |
records or other communications in such an
action shall require | 749 |
that appropriate measures be taken to
ensure that the | 750 |
confidentiality of any patient named or
otherwise identified in | 751 |
the records is maintained. Measures to
ensure confidentiality | 752 |
that may be taken by the court include
sealing its records or | 753 |
deleting specific information from its
records. | 754 |
(2)(a) If any law enforcement officer submits a written | 755 |
statement to a health
care provider that states that an official | 756 |
criminal investigation has begun
regarding a specified person or | 757 |
that a criminal action or proceeding has been
commenced against a | 758 |
specified person, that requests the provider to supply to
the | 759 |
officer copies of any records the provider possesses that pertain | 760 |
to any
test or the results of any test administered to the | 761 |
specified person to
determine the presence or concentration of | 762 |
alcohol, a drug of abuse, or alcohol
and a drug of abuse in the | 763 |
person's blood, breath, or urine at any time
relevant to the | 764 |
criminal offense in question, and that conforms to section | 765 |
2317.022 of the Revised Code, the provider, except to the extent | 766 |
specifically
prohibited by any law of this state or of the United | 767 |
States, shall supply to
the officer a copy of any of the requested | 768 |
records the provider possesses. If
the health care provider does | 769 |
not possess any of the requested records, the
provider shall give | 770 |
the officer a written statement that indicates that the
provider | 771 |
does not possess any of the requested records. | 772 |
(b) If a health care provider possesses any records of the | 773 |
type described in
division (B)(2)(a) of this section regarding the | 774 |
person in question at any
time relevant to the criminal offense in | 775 |
question, in lieu of personally
testifying as to the results of | 776 |
the test in question, the custodian of the
records may submit a | 777 |
certified copy of the records, and, upon its submission,
the | 778 |
certified copy is qualified as authentic evidence and may be | 779 |
admitted as
evidence in accordance with the Rules of Evidence. | 780 |
Division (A) of section
2317.422 of the Revised Code does not | 781 |
apply to any certified copy of records
submitted in accordance | 782 |
with this division. Nothing in this division shall be
construed | 783 |
to limit the right of any party to call as a witness the person | 784 |
who
administered the test to which the records pertain, the person | 785 |
under whose
supervision the test was administered, the custodian | 786 |
of the records, the
person who made the records, or the person | 787 |
under whose supervision the records
were made. | 788 |
(3)(a) If the testimonial privilege described in division | 789 |
(B)(1) of this section does not apply as provided in division | 790 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 791 |
compelled to testify or to submit to discovery under the Rules of | 792 |
Civil Procedure only as to a communication made to the physician | 793 |
or dentist by the patient in question in that relation, or the | 794 |
physician's or
dentist's advice to the
patient in question, that | 795 |
related causally or historically to
physical or mental injuries | 796 |
that are relevant to issues in the
medical claim, dental claim, | 797 |
chiropractic claim, or optometric
claim, action for wrongful | 798 |
death, other civil action, or claim
under Chapter 4123. of the | 799 |
Revised Code. | 800 |
(b) If the testimonial privilege described in division | 801 |
(B)(1) of this section
does not apply to a physician or dentist as | 802 |
provided in division
(B)(1)(c) of
this section, the physician or | 803 |
dentist, in lieu of personally testifying as to
the results of the | 804 |
test in question, may submit a certified copy of those
results, | 805 |
and, upon its submission, the certified copy is qualified as | 806 |
authentic
evidence and may be admitted as evidence in accordance | 807 |
with the Rules of
Evidence. Division (A) of section 2317.422 of | 808 |
the Revised Code does not apply
to any certified copy of results | 809 |
submitted in accordance with this division.
Nothing in this | 810 |
division shall be construed to limit the right of any party to | 811 |
call as a witness the person who administered the test in | 812 |
question, the person
under whose supervision the test was | 813 |
administered, the custodian of the
results
of the test, the person | 814 |
who compiled the results, or the person under whose
supervision | 815 |
the results were compiled. | 816 |
(5)(a) As used in divisions (B)(1) to (4) of this
section, | 822 |
"communication" means acquiring, recording, or transmitting any | 823 |
information, in any manner, concerning any facts, opinions, or | 824 |
statements necessary to enable a physician or dentist to
diagnose, | 825 |
treat, prescribe, or act for a patient. A
"communication" may | 826 |
include, but is not limited to, any medical
or dental, office, or | 827 |
hospital communication such as a record,
chart, letter, | 828 |
memorandum, laboratory test and results, x-ray,
photograph, | 829 |
financial statement, diagnosis, or prognosis. | 830 |
(i)
"Ambulatory care facility" means a facility that
provides | 836 |
medical, diagnostic, or surgical treatment to patients
who do not | 837 |
require hospitalization, including a dialysis center,
ambulatory | 838 |
surgical facility, cardiac catheterization facility,
diagnostic | 839 |
imaging center, extracorporeal shock wave lithotripsy
center, home | 840 |
health agency, inpatient hospice, birthing center,
radiation | 841 |
therapy center, emergency facility, and an urgent care
center. | 842 |
"Ambulatory health care facility" does not include the
private | 843 |
office of a physician or dentist, whether the office is
for an | 844 |
individual or group practice. | 845 |
(v)
"Long-term care facility" means a nursing home, | 853 |
residential care facility, or home
for the aging,
as those terms | 854 |
are defined in section 3721.01 of the Revised Code; an adult care | 855 |
facility, as defined in section 3722.01
of the Revised Code; a | 856 |
nursing facility or intermediate care facility for the mentally | 857 |
retarded, as those terms are defined in section 5111.20 of the | 858 |
Revised Code; a facility or portion of a facility certified as a | 859 |
skilled nursing facility under Title XVIII of the
"Social
Security | 860 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 861 |
(7) Nothing in divisions (B)(1) to (6)
of this section | 867 |
affects, or shall be construed as affecting, the immunity from | 868 |
civil liability conferred by section 307.628 or 2305.33 of the | 869 |
Revised Code
upon physicians who report an employee's use of a | 870 |
drug of abuse,
or a condition of an employee other than one | 871 |
involving the use of
a drug of abuse, to the employer of the | 872 |
employee in accordance
with division (B) of that section. As used | 873 |
in division
(B)(7) of this section,
"employee,"
"employer," and | 874 |
"physician" have the same meanings as
in section 2305.33 of the | 875 |
Revised Code. | 876 |
(C) A member of the clergy, rabbi, priest, or regularly | 877 |
ordained,
accredited, or licensed minister of an established and | 878 |
legally
cognizable church, denomination, or sect, when the member | 879 |
of
the clergy,
rabbi, priest, or minister remains accountable to | 880 |
the authority
of that church, denomination, or sect, concerning a | 881 |
confession
made, or any information confidentially communicated, | 882 |
to the
member of the clergy, rabbi, priest, or minister for
a | 883 |
religious counseling purpose in the
member of the clergy's, | 884 |
rabbi's,
priest's, or minister's professional character;
however, | 885 |
the member of the clergy, rabbi, priest, or
minister
may testify | 886 |
by
express consent of the person making the communication, except | 887 |
when the disclosure of the information is in violation of a sacred | 888 |
trust; | 889 |
(F) A person who, if a party, would be restricted
under | 899 |
section 2317.03 of the Revised Code, when the
property or thing is | 900 |
sold or transferred by an executor,
administrator, guardian, | 901 |
trustee, heir, devisee, or legatee,
shall be restricted in the | 902 |
same manner in any action or
proceeding concerning the property or | 903 |
thing. | 904 |
(G)(1) A school guidance counselor who holds a valid | 905 |
educator license from the state board of education as
provided for | 906 |
in section 3319.22 of the Revised Code, a person
licensed under | 907 |
Chapter 4757. of the Revised Code
as a professional clinical | 908 |
counselor, professional counselor,
social worker, or independent | 909 |
social worker, or registered under Chapter 4757. of the Revised | 910 |
Code as a
social work assistant concerning a confidential | 911 |
communication received from a
client in that relation or
the | 912 |
person's advice to a client unless any of
the following applies: | 913 |
(H) A mediator acting under a mediation order issued under | 946 |
division (A) of section 3109.052 of the Revised Code or otherwise | 947 |
issued in any proceeding for divorce, dissolution, legal | 948 |
separation, annulment, or the allocation of parental rights and | 949 |
responsibilities for the care of children, in any action or | 950 |
proceeding, other than a criminal, delinquency, child abuse,
child | 951 |
neglect, or dependent child action or proceeding, that is
brought | 952 |
by or against either parent who takes part in mediation
in | 953 |
accordance with the order and that pertains to the mediation | 954 |
process, to any information discussed or presented in the | 955 |
mediation process, to the allocation of parental rights and | 956 |
responsibilities for the care of the parents' children, or to the | 957 |
awarding of parenting time rights in relation to their children; | 958 |
(I) A communications assistant, acting within the scope of | 959 |
the communication assistant's authority, when providing | 960 |
telecommunications relay service
pursuant to section 4931.35 of | 961 |
the Revised Code or Title II of
the
"Communications Act of 1934," | 962 |
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 963 |
made through a telecommunications
relay service.
Nothing in this | 964 |
section shall limit the obligation of a
communications assistant | 965 |
to divulge information or testify when mandated by
federal law or | 966 |
regulation or pursuant to subpoena in a criminal proceeding. | 967 |
(J)(1) A chiropractor in a civil proceeding concerning a | 970 |
communication made to the chiropractor by a patient in that | 971 |
relation or the
chiropractor's advice to a patient, except as | 972 |
otherwise provided in this
division. The testimonial privilege | 973 |
established under this division does not
apply, and a chiropractor | 974 |
may testify or may be compelled
to testify, in any civil action, | 975 |
in accordance with the discovery
provisions of the Rules of Civil | 976 |
Procedure in
connection with a
civil action, or in connection with | 977 |
a claim under Chapter 4123.
of the Revised Code, under any of the | 978 |
following
circumstances: | 979 |
(c) If a medical claim, dental claim, chiropractic
claim, or | 985 |
optometric claim, as defined in section
2305.112305.113 of the | 986 |
Revised
Code, an action for wrongful death, any other type
of | 987 |
civil
action, or a claim under Chapter 4123. of the Revised
Code | 988 |
is
filed by the patient, the personal representative of the
estate | 989 |
of
the patient if deceased, or the patient's guardian
or other | 990 |
legal
representative. | 991 |
(2) If the testimonial privilege described in division | 992 |
(J)(1) of this section does not apply as provided in division | 993 |
(J)(1)(c) of this section, a chiropractor may be
compelled to | 994 |
testify or to submit to discovery under the Rules of
Civil | 995 |
Procedure only as to a communication made to the
chiropractor by | 996 |
the patient in question in that relation, or the
chiropractor's | 997 |
advice to the
patient in question, that related causally or | 998 |
historically to
physical or mental injuries that are relevant to | 999 |
issues in the
medical claim, dental claim, chiropractic claim, or | 1000 |
optometric
claim, action for wrongful death, other civil action, | 1001 |
or claim
under Chapter 4123. of the Revised Code. | 1002 |
(4) As used in this division,
"communication" means | 1007 |
acquiring,
recording, or transmitting any information, in any | 1008 |
manner, concerning
any facts, opinions, or statements necessary to | 1009 |
enable a chiropractor to
diagnosisdiagnose, treat, or act for a | 1010 |
patient.
A
communication may
include, but is not limited to, any | 1011 |
chiropractic, office, or
hospital communication such as a record, | 1012 |
chart, letter,
memorandum, laboratory test and results, x-ray, | 1013 |
photograph,
financial statement, diagnosis, or prognosis. | 1014 |
Sec. 2317.54. No hospital, home health agency,
ambulatory | 1015 |
surgical facility, or provider
of a hospice care program shall be | 1016 |
held liable for a physician's
failure to obtain an informed | 1017 |
consent from
the physician's
patient prior to a
surgical or | 1018 |
medical procedure or course of procedures, unless the
physician is | 1019 |
an employee of the hospital, home health agency,
ambulatory | 1020 |
surgical facility, or
provider of a hospice care program. | 1021 |
Written consent to a surgical or medical procedure or
course | 1022 |
of procedures shall, to the extent that it fulfills all
the | 1023 |
requirements in divisions (A), (B), and (C) of this section,
be | 1024 |
presumed to be valid and effective, in the absence of proof by
a | 1025 |
preponderance of the evidence that the person who sought such | 1026 |
consent was not acting in good faith, or that the execution of
the | 1027 |
consent was induced by fraudulent misrepresentation of
material | 1028 |
facts, or that the person executing the consent was not
able to | 1029 |
communicate effectively in spoken and written English or
any other | 1030 |
language in which the consent is written. Except as
herein | 1031 |
provided, no evidence shall be admissible to impeach,
modify, or | 1032 |
limit the authorization for performance of the
procedure or | 1033 |
procedures set forth in such written consent. | 1034 |
(C) The consent is signed by the patient for whom the | 1045 |
procedure is to be performed, or, if the patient for any reason | 1046 |
including, but not limited to, competence, infancy, or the fact | 1047 |
that, at the latest time that the consent is needed, the patient | 1048 |
is under the influence of alcohol, hallucinogens, or drugs, lacks | 1049 |
legal capacity to consent, by a person who has legal authority to | 1050 |
consent on behalf of such patient in such circumstances. | 1051 |
Any use of a consent form that fulfills the requirements | 1052 |
stated in divisions (A), (B), and (C) of this section has no | 1053 |
effect on the common law rights and liabilities, including the | 1054 |
right of a physician to obtain the oral or implied consent of a | 1055 |
patient to a medical procedure, that may exist as between | 1056 |
physicians and patients on July 28, 1975. | 1057 |
As used in this section the term "hospital" has the
same | 1058 |
meaning
set forthas in
division (D) of section
2305.112305.113 | 1059 |
of the Revised Code;
"home health agency" has the
same meaning | 1060 |
set forthas in
division (A) of
former
section
3701.885101.61 of | 1061 |
the Revised Code;
"ambulatory surgical
facility" has the meaning | 1062 |
as in division (A) of section 3702.30 of
the Revised Code; and | 1063 |
"hospice care program"
has the
same meaning
set
forthas in | 1064 |
division (A) of section 3712.01 of
the Revised Code. The | 1065 |
provisions of this division apply to
hospitals, doctors of | 1066 |
medicine, doctors of osteopathic medicine,
and doctors of | 1067 |
podiatric medicine. | 1068 |
Sec. 2323.41. (A) In any civil action upon a medical, | 1069 |
dental, optometric, or chiropractic claim, the defendant may | 1070 |
introduce evidence of any amount payable as a benefit to the | 1071 |
plaintiff as a result of the damages that result from an injury, | 1072 |
death, or loss to person or property that is the subject of the | 1073 |
claim from the following sources: | 1074 |
(2)(a) Except as otherwise provided in divisions (A)(2)(b) | 1103 |
and (c) of this section, the amount of compensatory damages that | 1104 |
represents damages for noneconomic loss that is recoverable in a | 1105 |
tort action shall not exceed the greater of two hundred fifty | 1106 |
thousand dollars or an amount that is equal to three times the | 1107 |
plaintiff's economic loss, as determined by the trier of fact, to | 1108 |
a maximum of five hundred thousand dollars. | 1109 |
(b) All expenditures for medical care or treatment, | 1146 |
rehabilitation services, or other care, treatment, services, | 1147 |
products, or accommodations as a result of an injury, death, or | 1148 |
loss to person or property that is a subject of a civil action | 1149 |
upon a medical, dental, optometric, or chiropractic claim; | 1150 |
(3) "Noneconomic loss" means nonpecuniary harm that results | 1159 |
from an injury, death, or loss to person or property that is a | 1160 |
subject of a civil action upon a medical, dental, optometric, or | 1161 |
chiropractic claim, including, but not limited to, pain and | 1162 |
suffering, loss of society, consortium, companionship, care, | 1163 |
assistance, attention, protection, advice, guidance, counsel, | 1164 |
instruction, training, or education, disfigurement, mental | 1165 |
anguish, and any other intangible loss. | 1166 |
(4) "Medical claim" means any claim that is asserted in any | 1167 |
civil action against a physician, podiatrist, or hospital, against | 1168 |
any employee or agent of a physician, podiatrist, or hospital, or | 1169 |
against a licensed practical nurse, registered nurse, advanced | 1170 |
practice nurse, physical therapist, physician assistant, or | 1171 |
emergency medical technician, and that arises
out of the medical | 1172 |
diagnosis, care, or treatment of any person.
"Medical claim" | 1173 |
includes derivative claims for relief that arise
from the medical | 1174 |
diagnosis, care, or treatment of a person. | 1175 |
(b) All expenditures for medical care or treatment, | 1183 |
rehabilitation services, or other care, treatment, services, | 1184 |
products, or accommodations as a result of an injury, death, or | 1185 |
loss to person or property that is a subject of a civil action | 1186 |
upon a medical, dental, optometric, or chiropractic claim; | 1187 |
(2) "Future damages" means any damages that result from an | 1193 |
injury, death, or loss to person or property that is a subject of | 1194 |
a civil action upon a medical, dental, optometric, or chiropractic | 1195 |
claim and that will accrue after the verdict or determination of | 1196 |
liability is rendered in that action by the trier of fact.
"Future | 1197 |
damages" includes both economic and noneconomic loss. | 1198 |
(4) "Noneconomic loss" means nonpecuniary harm that results | 1202 |
from an injury, death, or loss to person or property that is a | 1203 |
subject of a civil action upon a medical, dental, optometric, or | 1204 |
chiropractic claim, including, but not limited to, pain and | 1205 |
suffering, loss of society, consortium, companionship, care, | 1206 |
assistance, attention, protection, advice, guidance, counsel, | 1207 |
instruction, training, or education, disfigurement, mental | 1208 |
anguish, and any other intangible loss. | 1209 |
(B) In any civil action upon a medical, dental, optometric, | 1218 |
or chiropractic claim in which a plaintiff makes a good faith | 1219 |
claim against the defendant for future damages that exceed fifty | 1220 |
thousand dollars, upon motion of that plaintiff or the defendant, | 1221 |
the trier of fact shall return a general verdict and, if that | 1222 |
verdict is in favor of that plaintiff, answers to interrogatories | 1223 |
or findings of fact that specify both of the following: | 1224 |
(C) If answers to interrogatories are returned or findings | 1227 |
of fact are made pursuant to division (B) of this section and if | 1228 |
the future damages recoverable by that plaintiff exceeds fifty | 1229 |
thousand dollars, the plaintiff or defendant may file a motion | 1230 |
with the court that seeks a determination under division (D) of | 1231 |
this section. The plaintiff or defendant shall file the motion at | 1232 |
any time after the verdict or determination in favor of the | 1233 |
plaintiff is rendered by the trier of fact but prior to the entry | 1234 |
of judgment in accordance with Civil Rule 58. | 1235 |
(3) After the hearing described in division (D)(1) of this | 1269 |
section and prior to the entry of judgment in accordance with | 1270 |
Civil Rule 58, the court shall determine, in its discretion, | 1271 |
whether all or any part of the future damages recoverable by the | 1272 |
plaintiff shall be received by the plaintiff in a series of | 1273 |
periodic payments rather than in a lump sum. If the court | 1274 |
determines that a plaintiff shall receive the future damages | 1275 |
recoverable by the plaintiff in a series of periodic payments, it | 1276 |
may order the payments only as to the amount of the future damages | 1277 |
recoverable by the plaintiff that exceeds fifty thousand dollars. | 1278 |
If the court determines that the plaintiff shall receive the | 1279 |
future damages recoverable by the plaintiff in a lump sum, the | 1280 |
future damages shall be paid in a lump sum. | 1281 |
(G)(1) The court, in its discretion, may modify, approve, | 1307 |
or reject any submitted periodic payments plan. In approving any | 1308 |
periodic payments plan, the court shall take into consideration | 1309 |
interest on the judgment in question in accordance with section | 1310 |
1343.03 of the Revised Code. Additionally, in approving any | 1311 |
periodic payments plan, the court is not required to ensure that | 1312 |
payments under the periodic payments plan are equal in amount or | 1313 |
that the total amount paid each year under the periodic payments | 1314 |
plan is equal in amount to the total amount paid in other years | 1315 |
under the plan; rather, a periodic payments plan may provide for | 1316 |
payments to be made in irregular or varied amounts, or to be | 1317 |
graduated upward or downward in amount over the duration of the | 1318 |
periodic payments plan. | 1319 |
(b) An insurance company that the superintendent of | 1331 |
insurance, under rules adopted pursuant to Chapter 119. of the | 1332 |
Revised Code for purposes of implementing this division, | 1333 |
determines is licensed to do business in this state and, | 1334 |
considering the factors described in this division, is a stable | 1335 |
insurance company that issues annuities that are safe and | 1336 |
desirable. In making determinations as described in this | 1337 |
division, the superintendent shall be guided by the principle that | 1338 |
annuities should be safe and desirable for plaintiffs who are | 1339 |
awarded damages. In making those determinations, the | 1340 |
superintendent shall consider the financial condition, general | 1341 |
standing, operating results, profitability, leverage, liquidity, | 1342 |
amount and soundness of reinsurance, adequacy of reserves, and the | 1343 |
management of any insurance company in question and also may | 1344 |
consider ratings, grades, and classifications of any nationally | 1345 |
recognized rating services of insurance companies and any other | 1346 |
factors relevant to the making of such determinations. | 1347 |
(I) If a court orders a series of periodic payments of | 1362 |
future damages in accordance with this section and the plaintiff | 1363 |
dies prior to the receipt of all of the future damages, the | 1364 |
liability for the unpaid portion of those damages that is not yet | 1365 |
due at the time of the death of that plaintiff shall continue, but | 1366 |
the payments shall be paid to the heirs of that plaintiff as | 1367 |
scheduled in and otherwise in accordance with the approved | 1368 |
periodic payments plan or, if the plan does not contain a relevant | 1369 |
provision, as the court shall order. | 1370 |
(2) Except as otherwise provided in this section, nothing in | 1373 |
this section increases the time for filing any motion or notice of | 1374 |
appeal or taking any other action relative to a civil action upon | 1375 |
a medical, dental, optometric, or chiropractic claim, alters the | 1376 |
amount of any verdict or determination of damages by the trier of | 1377 |
fact in a civil action upon a medical, dental, optometric, or | 1378 |
chiropractic claim, or alters the liability of any party to pay or | 1379 |
satisfy the verdict or determination. | 1380 |
(4) "Noneconomic loss" means nonpecuniary harm that
results | 1404 |
from an injury to person that is a subject of a tort
action, | 1405 |
including, but not limited to, pain and suffering, loss
of | 1406 |
society, consortium, companionship, care, assistance,
attention, | 1407 |
protection, advice, guidance, counsel, instruction,
training, or | 1408 |
education, mental anguish, and any other intangible
loss. | 1409 |
(B)(1) In any tort action that is tried to a jury and in | 1423 |
which a plaintiff makes a good faith claim against the defendant | 1424 |
in question for future damages that exceed two hundred thousand | 1425 |
dollars, upon motion of that plaintiff or the defendant in | 1426 |
question, the court shall instruct the jury to return, and the | 1427 |
jury shall return, a general verdict and, if that verdict is in | 1428 |
favor of that plaintiff, answers to interrogatories that shall | 1429 |
specify all of the following: | 1430 |
(2) In any tort action that is tried to a court and in
which | 1443 |
a plaintiff makes a good faith claim against the defendant
in | 1444 |
question for future damages that exceed two hundred thousand | 1445 |
dollars, upon motion of that plaintiff or the defendant in | 1446 |
question, the court shall make its determination in the action | 1447 |
and, if that determination is in favor of that plaintiff, make | 1448 |
findings of fact that shall specify damages as provided in | 1449 |
division (B)(1) of this section. | 1450 |
(C) If answers to interrogatories are returned or findings | 1451 |
of fact are made pursuant to division (B) of this section and if | 1452 |
the total of the portions of the future damages described in | 1453 |
divisions (B)(1)(b)(i), (iv), and (v) of this section exceeds
both | 1454 |
two hundred thousand dollars and twenty-five per cent of the
total | 1455 |
of the damages described in divisions (B)(1)(a) and (b) of
this | 1456 |
section, the plaintiff or defendant in question may file a
motion | 1457 |
with the court that seeks a determination under division
(D) of | 1458 |
this section. Such a motion shall be filed at any time
after the | 1459 |
verdict or determination in favor of the plaintiff in
question is | 1460 |
rendered by the trier of fact but prior to the entry
of judgment | 1461 |
in accordance with Civil Rule 58. | 1462 |
(3) After the hearing described in division (D)(1) of this | 1499 |
section and prior to the entry of judgment in accordance with | 1500 |
Civil Rule 58, the court shall determine, in its discretion, | 1501 |
whether all or any part of the total of the portions of the
future | 1502 |
damages described in divisions (B)(1)(b)(i), (iv), and (v)
of this | 1503 |
section shall be received by the plaintiff in question in
a series | 1504 |
of periodic payments rather than in a lump sum. If the
court | 1505 |
determines that a series of periodic payments shall be
received by | 1506 |
that plaintiff, it may order such payments only as to
the amount | 1507 |
of that total that exceeds both two hundred thousand
dollars and | 1508 |
twenty-five per cent of the total of the damages
described in | 1509 |
divisions (B)(1)(a) and (b) of this section. | 1510 |
(E)(1)(a) If the court determines pursuant to division (D) | 1511 |
of this section that a series of periodic payments shall be | 1512 |
received by the plaintiff in question, then, within twenty days | 1513 |
after the court so determines, that plaintiff shall submit a | 1514 |
periodic payments plan to the court. Such a plan may include,
but | 1515 |
is not limited to, a provision for a trust or an annuity, and
may | 1516 |
be submitted by that plaintiff alone or by that plaintiff and
the | 1517 |
defendant in question. | 1518 |
(b) If that defendant and that plaintiff do not jointly | 1519 |
submit a periodic payments plan, then, within twenty days after | 1520 |
the court makes its determination pursuant to division (D) of
this | 1521 |
section that a series of periodic payments shall be received
by | 1522 |
that plaintiff, that defendant may submit to the court a
periodic | 1523 |
payments plan. If
hethat defendant does so, it may
include, but | 1524 |
is
not limited to, a provision for a trust or an annuity. | 1525 |
(c) If that defendant and that plaintiff do not jointly | 1526 |
submit a periodic payments plan and if that defendant does not | 1527 |
separately submit such a plan pursuant to division (E)(1)(b) of | 1528 |
this section, then, within ten days after that plaintiff submits | 1529 |
such a plan, that defendant may submit to the court written | 1530 |
comments relative to the periodic payments plan of that
plaintiff. | 1531 |
If that defendant and that plaintiff do not jointly
submit a | 1532 |
periodic payments plan and if that defendant separately
submits | 1533 |
such a plan pursuant to division (E)(1)(b) of this
section, then, | 1534 |
within ten days after that defendant submits such
a plan, that | 1535 |
plaintiff may submit to the court written comments
relative to the | 1536 |
periodic payments plan of that defendant. | 1537 |
(d) The court, in its discretion, may modify, approve, or | 1538 |
reject any submitted periodic payments plan. In approving any | 1539 |
periodic payments plan, the court shall take into consideration | 1540 |
interest on the judgment in question, in accordance with section | 1541 |
1343.03 of the Revised Code. Additionally, in approving any | 1542 |
periodic payments plan, the court is not required to ensure that | 1543 |
payments under the periodic payments plan are equal in amount or | 1544 |
that the total amount paid each year under the periodic payments | 1545 |
plan is equal in amount to the total amount paid in other years | 1546 |
under the plan; rather, a periodic payments plan may provide for | 1547 |
payments to be made in irregular or varied amounts, or to be | 1548 |
graduated upward or downward in amount over the duration of the | 1549 |
periodic payments plan. | 1550 |
In making determinations as described in this division, the | 1569 |
superintendent shall be guided by the principle that annuities | 1570 |
should be safe and desirable for plaintiffs who are awarded | 1571 |
damages. In making such determinations, the superintendent shall | 1572 |
consider the financial condition, general standing, operating | 1573 |
results, profitability, leverage, liquidity, amount and soundness | 1574 |
of reinsurance, adequacy of reserves, and the management of any | 1575 |
insurance company in question and also may consider ratings, | 1576 |
grades, and classifications of any nationally recognized rating | 1577 |
services of insurance companies and any other factors relevant to | 1578 |
the making of such determinations. | 1579 |
(2) The liability for the portion of those payments that | 1607 |
represents future noneconomic loss of that plaintiff as described | 1608 |
in division (B)(1)(b)(i) of this section and that is not due at | 1609 |
the time of the death of that plaintiff shall continue, but the | 1610 |
payments shall be paid to the heirs of that plaintiff as
scheduled | 1611 |
in and otherwise in accordance with the approved
periodic payments | 1612 |
plan or, if the plan does not contain a
relevant provision, as the | 1613 |
court shall order; | 1614 |
(2) Except to the extent provided in divisions (A) to (F)
of | 1622 |
this section, nothing in those divisions increases the time
for | 1623 |
filing any motion or notice of appeal or taking any other
action | 1624 |
relative to a tort action, alters the amount of any
verdict or | 1625 |
determination of damages by the trier of fact in a
tort action, or | 1626 |
alters the liability of any party to pay or
satisfy any such | 1627 |
verdict or determination. | 1628 |
(H) This section does not apply to tort actions against | 1629 |
political subdivisions of this state that are commenced under or | 1630 |
are subject to Chapter 2744. of the Revised Code or to tort | 1631 |
actions against the state in the court of claims. This section | 1632 |
also does not apply to a tort or other civil action upon a
medical | 1633 |
claim, dental claim, optometric claim, or chiropractic
claim, and | 1634 |
instead such an action shall be subject to section
2323.572323.55 | 1635 |
of the Revised Code. | 1636 |
Sec. 2711.21. (A) Upon the filing of any medical, dental, | 1637 |
optometric, or chiropractic claim as defined in
division (D) of | 1638 |
section
2305.112305.113 of the Revised Code, if all of the | 1639 |
parties to the
medical, dental, optometric, or chiropractic claim | 1640 |
agree to
submit it to nonbinding arbitration, the controversy | 1641 |
shall be
submitted to an arbitration board consisting of three | 1642 |
arbitrators
to be named by the court. The arbitration board shall | 1643 |
consist of
one person designated by the plaintiff or plaintiffs, | 1644 |
one person
designated by the defendant or defendants, and a person | 1645 |
designated by the court. The person designated by the court
shall | 1646 |
serve as the
chairmanchairperson of the board. Each
member of | 1647 |
the
board shall receive a reasonable compensation based on the | 1648 |
extent
and duration of actual service rendered, and shall be paid | 1649 |
in
equal proportions by the parties in interest. In a claim | 1650 |
accompanied by a poverty affidavit, the cost of the arbitration | 1651 |
shall be borne by the court. | 1652 |
Sec. 2711.22. A(A) Except as otherwise provided in this | 1667 |
section, a written contract between a patient and a hospital or | 1668 |
physicianhealthcare provider to settle by binding arbitration
any | 1669 |
dispute or controversy arising
out of the diagnosis,
treatment, or | 1670 |
care
of the patient rendered by a
physician or
hospital
or | 1671 |
healthcare provider,
that is
entered into prior to
or
subsequent | 1672 |
to the
rendering of such diagnosis,
treatment, or care
of the | 1673 |
patient is valid, irrevocable, and enforceable, save upon
such | 1674 |
grounds as exist at law or in equity for the revocation of
any | 1675 |
contractonce the contract is signed by all parties. The
contract | 1676 |
remains valid, irrevocable, and enforceable until or
unless the | 1677 |
patient or the patient's legal representative rescinds
the | 1678 |
contract by written notice within thirty days of the signing
of | 1679 |
the contract. A guardian or other legal representative of the | 1680 |
patient may give written notice of the rescission of the contract | 1681 |
if the patient is incapacitated or a minor. | 1682 |
(1) "Healthcare provider" means a physician,
podiatrist, | 1689 |
dentist, licensed practical nurse, registered nurse, advanced | 1690 |
practice nurse, chiropractor, optometrist, physician's assistant, | 1691 |
emergency medical technician,
or physical therapist. | 1692 |
(2) "Hospital," "physician," "podiatrist," "dentist," | 1693 |
"registered nurse," "advanced practice nurse," "chiropractor," | 1694 |
"optometrist," "physical
therapist," "medical claim," "dental | 1695 |
claim," "optometric claim,"
and "chiropractic claim" have the same | 1696 |
meanings as in section
2305.113 of the Revised Code. | 1697 |
Sec. 2711.23. To be valid and enforceable any arbitration | 1698 |
agreements pursuant to sections 2711.01 and 2711.22 of the
Revised | 1699 |
Code for controversies involving
hospital ora medical
care, | 1700 |
diagnosis, or treatment which are, dental, chiropractic, or | 1701 |
optometric claim that is entered into prior to
rendering sucha | 1702 |
patient receiving any care, diagnosis, or treatment shall include | 1703 |
or be
subject to the following conditions: | 1704 |
(B) The agreement shall provide that the patient, or the | 1708 |
patient's spouse, or the personal representative of
histhe | 1709 |
patient's estate in
the event of the patient's death or | 1710 |
incapacity, shall have a
right to withdraw the patient's consent | 1711 |
to arbitrate
histhe
patient's claim by
notifying the
physician | 1712 |
healthcare provider or hospital in writing within
sixtythirty | 1713 |
days
after the patient's
discharge from the hospital for any claim | 1714 |
arising out of hospitalization, or within sixty days after the | 1715 |
termination of the physician-patient relationship for the
physical | 1716 |
condition involved for any claim against a physiciansigning of | 1717 |
the agreement.
Nothing in this division shall be construed to mean | 1718 |
that the
spouse of a competent patient can withdraw over the | 1719 |
objection of
the patient the consent of the patient to arbitrate; | 1720 |
Sec. 2711.24. To the extent it is in ten-point type
and
is | 1752 |
executed in the following form, an arbitration agreement
of the | 1753 |
type stated in section 2711.23 of the Revised Code shall
be | 1754 |
presumed valid and enforceable in the absence of proof by a | 1755 |
preponderance of the evidence that the execution of the agreement | 1756 |
was induced by fraud, that the patient executed the agreement as
a | 1757 |
direct result of the willful or negligent disregard by the | 1758 |
physician or hospitalhealthcare provider of the patient's right | 1759 |
not to so execute,
or
that the patient executing the agreement was | 1760 |
not able to
communicate effectively in spoken and written English | 1761 |
or any
other
language in which the agreement is written: | 1762 |
Within fifteen days after a party to this agreement has
given | 1769 |
written notice to the other of demand for arbitration of
said | 1770 |
dispute or controversy, the parties to the dispute or
controversy | 1771 |
shall each appoint an arbitrator and give notice of
such | 1772 |
appointment to the other. Within a reasonable time after
such | 1773 |
notices have been given the two arbitrators so selected
shall | 1774 |
select a neutral arbitrator and give notice of the
selection | 1775 |
thereof to the parties. The arbitrators shall hold a
hearing | 1776 |
within a reasonable time from the date of notice of
selection of | 1777 |
the neutral arbitrator. | 1778 |
The patient, or the patient's spouse or the personal | 1799 |
representative of
histhe patient's estate in the event of the | 1800 |
patient's death
or incapacity, has the right to cancel this | 1801 |
agreement to
arbitrate by notifying the
physician or hospital | 1802 |
healthcare provider in
writing
within
sixtythirty days after the | 1803 |
patient's
discharge from the
hospital
for any claim against a | 1804 |
hospital, or within sixty days
after the
termination of the | 1805 |
physician-patient relationship for
the
physical condition involved | 1806 |
for claims against physicianssigning of the agreement.
The | 1807 |
patient, or
histhe patient's spouse or representative, as | 1808 |
appropriate, may
cancel this agreement by merely writing | 1809 |
"cancelled" on the face
of one of
histhe patient's copies of the | 1810 |
agreement, signing
histhe patient's name under
such word, and | 1811 |
mailing, by certified mail, return receipt
requested,
suchthe | 1812 |
copy to
the
physician or hospitalhealthcare provider within
such | 1813 |
sixty-daythe thirty-day period. | 1814 |
Sec. 2743.02. (A)(1) The state hereby waives its immunity | 1829 |
from liability and consents to be sued, and have its liability | 1830 |
determined, in the court of claims created in this chapter in | 1831 |
accordance with the same rules of law applicable to suits between | 1832 |
private parties, except that the determination of liability is | 1833 |
subject to the limitations set forth in this chapter and, in the | 1834 |
case of state universities or colleges, in section 3345.40 of the | 1835 |
Revised Code, and except as provided in division (A)(2) of this | 1836 |
section. To the extent that the state has previously consented
to | 1837 |
be sued, this chapter has no applicability. | 1838 |
Except in the case of a civil action filed by the state, | 1839 |
filing a civil action in the court of claims results in a
complete | 1840 |
waiver of any cause of action, based on the same act or
omission, | 1841 |
which the filing party has against any officer or
employee, as | 1842 |
defined in section 109.36 of the Revised Code. The
waiver shall | 1843 |
be void if the court determines that the act or
omission was | 1844 |
manifestly outside the scope of the officer's or
employee's office | 1845 |
or employment or that the officer or employee
acted with malicious | 1846 |
purpose, in bad faith, or in a wanton or
reckless manner. | 1847 |
(2) If a claimant proves in the court of claims that an | 1848 |
officer or employee, as defined in section 109.36 of the Revised | 1849 |
Code, would have personal liability for
histhe officer's or | 1850 |
employee's acts or omissions but
for the fact that the officer or | 1851 |
employee has personal immunity
under section 9.86 of the Revised | 1852 |
Code, the state shall be held
liable in the court of claims in any | 1853 |
action that is timely filed
pursuant to section 2743.16 of the | 1854 |
Revised Code and that is based
upon the acts or omissions. | 1855 |
(B) The state hereby waives the immunity from liability of | 1856 |
all hospitals owned or operated by one or more political | 1857 |
subdivisions and consents for them to be sued, and to have their | 1858 |
liability determined, in the court of common pleas, in accordance | 1859 |
with the same rules of law applicable to suits between private | 1860 |
parties, subject to the limitations set forth in this chapter. | 1861 |
This division is also applicable to hospitals owned or operated
by | 1862 |
political subdivisions which have been determined by the
supreme | 1863 |
court to be subject to suit prior to July 28, 1975. | 1864 |
(C) Any hospital, as defined
underin section
2305.11 | 1865 |
2305.113 of the
Revised Code, may purchase liability insurance | 1866 |
covering its
operations and activities and its agents, employees, | 1867 |
nurses,
interns, residents, staff, and members of the governing | 1868 |
board and
committees, and, whether or not such insurance is | 1869 |
purchased, may,
to such extent as its governing board considers | 1870 |
appropriate,
indemnify or agree to indemnify and hold harmless any | 1871 |
such person
against expense, including attorney's fees, damage, | 1872 |
loss, or
other liability arising out of, or claimed to have arisen | 1873 |
out of,
the death, disease, or injury of any person as a result of | 1874 |
the
negligence, malpractice, or other action or inaction of the | 1875 |
indemnified person while acting within the scope of
histhe | 1876 |
indemnified person's duties or engaged in activities at the | 1877 |
request or
direction, or for the benefit, of the hospital. Any | 1878 |
hospital electing to
indemnify
such persons, or to agree to so | 1879 |
indemnify, shall reserve such
funds as are necessary, in the | 1880 |
exercise of sound and prudent
actuarial judgment, to cover the | 1881 |
potential expense, fees, damage,
loss, or other liability. The | 1882 |
superintendent of insurance may
recommend, or, if such hospital | 1883 |
requests
himthe superintendent
to do so, the
superintendent shall | 1884 |
recommend, a specific amount for any period
that, in
histhe | 1885 |
superintendent's opinion, represents such a
judgment. This | 1886 |
authority is in addition to any authorization otherwise
provided | 1887 |
or
permitted by law. | 1888 |
(D) Recoveries against the state shall be reduced by the | 1889 |
aggregate of insurance proceeds, disability award, or other | 1890 |
collateral recovery received by the claimant. This division does | 1891 |
not apply to civil actions in the court of claims against a state | 1892 |
university or college under the circumstances described in
section | 1893 |
3345.40 of the Revised Code. The collateral benefits
provisions | 1894 |
of division (B)(2) of that section apply under those | 1895 |
circumstances. | 1896 |
(F) A civil action against an officer or employee, as | 1902 |
defined in section 109.36 of the Revised Code, that alleges that | 1903 |
the officer's or employee's conduct was manifestly outside the | 1904 |
scope of
histhe officer's or employee's employment or official | 1905 |
responsibilities, or that the
officer or employee acted with | 1906 |
malicious purpose, in bad faith,
or in a wanton or reckless manner | 1907 |
shall first be filed against
the state in the court of claims, | 1908 |
which has exclusive, original
jurisdiction to determine, | 1909 |
initially, whether the officer or
employee is entitled to personal | 1910 |
immunity under section 9.86 of
the Revised Code and whether the | 1911 |
courts of common pleas have
jurisdiction over the civil action. | 1912 |
(G) Whenever a claim lies against an officer or employee who | 1918 |
is a member of
the Ohio national guard, and the officer or | 1919 |
employee was, at the time of the
act or omission complained of, | 1920 |
subject to the "Federal Tort Claims Act," 60
Stat. 842 (1946), 28 | 1921 |
U.S.C. 2671, et seq., then the Federal Tort Claims Act is
the | 1922 |
exclusive remedy of the claimant and the state has no liability | 1923 |
under this
section. | 1924 |
(C) "Health care facility" means a hospital, clinic, | 1947 |
ambulatory surgical treatment center, other center, medical | 1948 |
school, office of a physician, infirmary, dispensary, medical | 1949 |
training institution, or other institution or location in or at | 1950 |
which medical care, treatment, or diagnosis is provided to a | 1951 |
person. | 1952 |
(F) "Medical emergency" means a condition that a pregnant | 1957 |
woman's physician determines, in good faith and in the exercise of | 1958 |
reasonable
medical judgment, so complicates the woman's
pregnancy | 1959 |
as to necessitate the immediate performance or
inducement of an | 1960 |
abortion in order to prevent the death of the
pregnant woman or to | 1961 |
avoid a serious risk of the substantial and
irreversible | 1962 |
impairment of a major bodily function of the
pregnant woman that | 1963 |
delay in the performance or inducement of
the abortion would | 1964 |
create. | 1965 |
(L) "Viable" means the stage of development of a
human fetus | 1986 |
at which in the determination of a physician, based
on the | 1987 |
particular facts of a woman's pregnancy that are known to
the | 1988 |
physician and in light of medical
technology and information | 1989 |
reasonably available to the physician, there is
a realistic | 1990 |
possibility of the maintaining and nourishing of a life outside of | 1991 |
the womb with or without temporary artificial life-sustaining | 1992 |
support. | 1993 |
(1) The policy shall cover a
minimum of forty-eight hours of | 2000 |
inpatient care following a normal vaginal
delivery and a minimum | 2001 |
of
ninety-six hours of inpatient care following a cesarean | 2002 |
delivery.
Services covered as inpatient care shall include | 2003 |
medical,
educational, and any other services that are consistent | 2004 |
with the inpatient
care recommended in the protocols and | 2005 |
guidelines developed by national
organizations that represent | 2006 |
pediatric, obstetric, and nursing
professionals. | 2007 |
(2) The policy shall cover a physician-directed source of | 2008 |
follow-up care.
Services covered as follow-up care shall include | 2009 |
physical
assessment of the mother and newborn, parent education, | 2010 |
assistance and training in breast or bottle feeding, assessment
of | 2011 |
the home support system, performance of any medically
necessary | 2012 |
and appropriate clinical tests, and any other services
that are | 2013 |
consistent with the follow-up care recommended in the
protocols | 2014 |
and guidelines developed by national organizations
that represent | 2015 |
pediatric, obstetric, and nursing
professionals. The coverage | 2016 |
shall apply to services provided in a medical
setting or through | 2017 |
home health care visits. The coverage shall apply to a
home | 2018 |
health care visit only if the health care professional who | 2019 |
conducts the
visit is knowledgeable and experienced in maternity | 2020 |
and newborn care. | 2021 |
When a decision is made in accordance with division (B) of | 2022 |
this
section to discharge a mother or newborn prior to the | 2023 |
expiration of the
applicable number of hours of inpatient care | 2024 |
required to be covered, the
coverage of follow-up care shall apply | 2025 |
to all follow-up care that is provided
within seventy-two hours | 2026 |
after discharge. When a
mother or newborn receives
at least the | 2027 |
number of hours of inpatient care required to be covered, the | 2028 |
coverage of follow-up care shall apply to follow-up care that is | 2029 |
determined to
be medically necessary by the health care | 2030 |
professionals responsible for
discharging the mother or newborn. | 2031 |
(B) Any decision to
shorten the length of inpatient stay to | 2032 |
less than that specified
under division (A)(1) of this
section | 2033 |
shall be made by the physician attending the mother or
newborn, | 2034 |
except that if a nurse-midwife is attending the mother
in | 2035 |
collaboration with a physician, the decision may be made by
the | 2036 |
nurse-midwife. Decisions regarding early discharge shall be
made | 2037 |
only after conferring with the mother or a person
responsible for | 2038 |
the mother or newborn. For purposes of this
division, a person | 2039 |
responsible for the mother or newborn may
include a parent, | 2040 |
guardian, or any other person with authority
to make medical | 2041 |
decisions for the mother or newborn. | 2042 |
(1) The plan shall cover a minimum of forty-eight hours of | 2083 |
inpatient care
following a normal vaginal
delivery and a minimum | 2084 |
of ninety-six hours of inpatient care following a
cesarean | 2085 |
delivery.
Services covered as inpatient care shall include | 2086 |
medical,
educational, and any other services that are consistent | 2087 |
with the inpatient
care recommended in the protocols and | 2088 |
guidelines developed by national
organizations that represent | 2089 |
pediatric, obstetric, and nursing professionals. | 2090 |
(2) The plan shall cover a physician-directed source of | 2091 |
follow-up care.
Services covered as follow-up care shall include | 2092 |
physical
assessment of the mother and newborn, parent education, | 2093 |
assistance and training in breast or bottle feeding, assessment
of | 2094 |
the home support system, performance of any medically
necessary | 2095 |
and appropriate clinical tests, and any other services
that are | 2096 |
consistent with the follow-up care recommended in the
protocols | 2097 |
and guidelines developed by national organizations
that represent | 2098 |
pediatric, obstetric, and nursing
professionals. The coverage | 2099 |
shall apply to services provided in a medical
setting or through | 2100 |
home health care visits. The coverage shall apply to a
home | 2101 |
health care visit only if the health care professional who | 2102 |
conducts the
visit is knowledgeable and experienced in maternity | 2103 |
and newborn care. | 2104 |
When a decision is made in accordance with division (B) of | 2105 |
this
section to discharge a mother or newborn prior to the | 2106 |
expiration of the
applicable number of hours of inpatient care | 2107 |
required to be covered, the
coverage of follow-up care shall apply | 2108 |
to all follow-up care that is provided
within seventy-two hours | 2109 |
after discharge. When a
mother or newborn receives
at least the | 2110 |
number of hours of inpatient care required to be covered, the | 2111 |
coverage of follow-up care shall apply to follow-up care that is | 2112 |
determined to
be medically necessary by the health care | 2113 |
professionals responsible for
discharging the mother or newborn. | 2114 |
(B) Any decision to
shorten the length of inpatient stay to | 2115 |
less than that specified
under division (A)(1) of this
section | 2116 |
shall be made by the physician attending the mother or
newborn, | 2117 |
except that if a nurse-midwife is attending the mother
in | 2118 |
collaboration with a physician, the decision may be made by
the | 2119 |
nurse-midwife. Decisions regarding early discharge shall be
made | 2120 |
only after conferring with the mother or a person
responsible for | 2121 |
the mother or newborn. For purposes of this
division, a person | 2122 |
responsible for the mother or newborn may
include a parent, | 2123 |
guardian, or any other person with authority
to make medical | 2124 |
decisions for the mother or newborn. | 2125 |
(5) Establish minimum standards of medical diagnosis,
care, | 2154 |
or treatment for inpatient or follow-up care for a mother
or | 2155 |
newborn. A deviation from the care required to be covered
under | 2156 |
this section shall not, solely on the basis of this section, give | 2157 |
rise to a medical claim or derivative medical claim, as those | 2158 |
terms are defined in section
2305.112305.113 of the
Revised
Code. | 2159 |
(A) "Medical malpractice insurance" means insurance
coverage | 2162 |
against the legal liability of the insured and against
loss, | 2163 |
damage, or expense incident to a claim arising out of the
death, | 2164 |
disease, or injury of any person as the result of
negligence or | 2165 |
malpractice in rendering professional service by
any licensed | 2166 |
physician, podiatrist, or hospital, as those terms
are defined in | 2167 |
section
2305.112305.113 of the Revised Code. | 2168 |
(1) "Contingent fee agreement" means an agreement for the | 2178 |
provision of legal services by an attorney under which the | 2179 |
compensation of the attorney is contingent, in whole or in part, | 2180 |
upon a judgment being rendered in favor of or a settlement being | 2181 |
obtained for the client and is either a fixed amount or an amount | 2182 |
to be determined by a specified formula, including, but not | 2183 |
limited to, a percentage of any judgment rendered in favor of or | 2184 |
settlement obtained for the client. | 2185 |
(C)(1) If an attorney and a client contract for the | 2207 |
provision of legal services in connection with a medical claim, | 2208 |
dental claim, optometric claim, or chiropractic claim that may | 2209 |
become the basis of a tort action and if the contract includes a | 2210 |
contingent fee agreement, that agreement shall not provide for the | 2211 |
payment of a fee that exceeds, and the attorney shall not collect | 2212 |
a contingency fee for representing the client in excess of, the | 2213 |
following limits: | 2214 |
(D) If an attorney represents a client in connection with
a | 2226 |
claim as described in division (B)
or (C) of this section, if | 2227 |
their
contract for the provision of legal services includes a | 2228 |
contingent fee agreement, and if the attorney becomes entitled to | 2229 |
compensation under that agreement, the attorney shall prepare a | 2230 |
signed closing statement and shall provide the client with that | 2231 |
statement at the time of or prior to the receipt of compensation | 2232 |
under that agreement. The closing statement shall specify the | 2233 |
manner in which the compensation of the attorney was determined | 2234 |
under that agreement, any costs and expenses deducted by the | 2235 |
attorney from the judgment or settlement involved, any proposed | 2236 |
division of the attorney's fees, costs, and expenses with | 2237 |
referring or associated counsel, and any other information that | 2238 |
the attorney considers appropriate. | 2239 |
(1) The medical assistance program shall cover
a minimum of | 2243 |
forty-eight hours of inpatient care following a normal vaginal | 2244 |
delivery and a
minimum of ninety-six hours of inpatient care | 2245 |
following a cesarean delivery.
Services covered as inpatient care | 2246 |
shall include medical,
educational, and any other services that | 2247 |
are consistent with the inpatient
care recommended in the | 2248 |
protocols and guidelines developed by national
organizations that | 2249 |
represent pediatric, obstetric, and nursing professionals. | 2250 |
(2) The medical assistance program shall cover a | 2251 |
physician-directed source
of follow-up care. Services covered as | 2252 |
follow-up care shall include physical
assessment of the mother and | 2253 |
newborn, parent education,
assistance and training in breast or | 2254 |
bottle feeding, assessment
of the home support system, performance | 2255 |
of any medically
necessary and appropriate clinical tests, and any | 2256 |
other services
that are consistent with the follow-up care | 2257 |
recommended in the
protocols and guidelines developed by national | 2258 |
organizations
that represent pediatric, obstetric, and nursing | 2259 |
professionals. The coverage shall apply to services provided in a | 2260 |
medical
setting or through home health care visits. The coverage | 2261 |
shall apply to a
home health care visit only if the health care | 2262 |
professional who conducts the
visit is knowledgeable and | 2263 |
experienced in maternity and newborn care. | 2264 |
When a decision is made in accordance with division (B) of | 2265 |
this
section to discharge a mother or newborn prior to the | 2266 |
expiration of the
applicable number of hours of inpatient care | 2267 |
required to be covered, the
coverage of follow-up care shall apply | 2268 |
to all follow-up care that is provided
within forty-eight hours | 2269 |
after discharge. When a mother or newborn receives
at least the | 2270 |
number of hours of inpatient care required to be covered, the | 2271 |
coverage of follow-up care shall apply to follow-up care that is | 2272 |
determined to
be medically necessary by the health care | 2273 |
professionals responsible for
discharging the mother or newborn. | 2274 |
(B) Any decision to
shorten the length of inpatient stay to | 2275 |
less than that specified
under division (A)(1) of this
section | 2276 |
shall be made by the physician attending the mother or
newborn, | 2277 |
except that if a nurse-midwife is attending the mother
in | 2278 |
collaboration with a physician, the decision may be made by
the | 2279 |
nurse-midwife. Decisions regarding early discharge shall be
made | 2280 |
only after conferring with the mother or a person
responsible for | 2281 |
the mother or newborn. For purposes of this
division, a person | 2282 |
responsible for the mother or newborn may
include a parent, | 2283 |
guardian, or any other person with authority
to make medical | 2284 |
decisions for the mother or newborn. | 2285 |
(5) Establish minimum standards of medical diagnosis,
care, | 2312 |
or treatment for inpatient or follow-up care for a mother
or | 2313 |
newborn. A deviation from the care required to be covered
under | 2314 |
this section shall not, on the basis of this section, give
rise to | 2315 |
a medical claim or derivative medical claim, as those
terms are | 2316 |
defined in section
2305.112305.113 of the
Revised
Code. | 2317 |
Section 2. That existing sections 1751.67, 2117.06, 2305.11, | 2318 |
2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, | 2319 |
2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, | 2320 |
3929.71, 4705.15, and 5111.018, and sections 2305.27 and 2323.57 | 2321 |
of the Revised Code are hereby repealed. | 2322 |
(c) As insurers have left the market, physicians, hospitals, | 2350 |
and other health care practitioners have had an increasingly | 2351 |
difficult time finding affordable medical malpractice insurance. | 2352 |
Some health care practitioners, including a large number of | 2353 |
specialists, have been forced out of the practice of medicine | 2354 |
altogether as a consequence. The Ohio State Medical Association | 2355 |
reports fifteen per cent of Ohio's physicians are considering or | 2356 |
have already relocated their practices due to rising medical | 2357 |
malpractice insurance costs. | 2358 |
(b) The limit on compensatory damages representing | 2378 |
noneconomic loss to the greater of two hundred fifty thousand | 2379 |
dollars, or an amount equal to three times the plaintiff's | 2380 |
economic loss to a maximum of five hundred thousand dollars, and | 2381 |
the limit on the amount recoverable for noneconomic losses to the | 2382 |
greater of seven hundred fifty thousand dollars or thirty-five | 2383 |
thousand dollars times the number of years remaining in the | 2384 |
plaintiff's expected life for certain permanent and substantial | 2385 |
injuries and deformity, is based on testimony asking the members | 2386 |
of the General Assembly to recognize these distinctions and | 2387 |
stating that the cap amounts are similar to caps on awards adopted | 2388 |
by other states. | 2389 |
(c) A report from the U.S. Department of Health and Human | 2390 |
Services,
Update on the Medical Litigation Crisis: Not the Result | 2391 |
of the Insurance Cycle (Sept. 25, 2002), states that among states | 2392 |
that have adopted a two hundred fifty thousand dollar cap on | 2393 |
noneconomic damages are: Indiana, Colorado, California, Nebraska, | 2394 |
Utah, and Montana. These states, as well as others that have | 2395 |
imposed meaningful caps on noneconomic damages, report | 2396 |
significantly lower increases in average premium rates than those | 2397 |
states without caps. | 2398 |
(b) To address the aspects of former section 2317.45 of the | 2440 |
Revised Code that the Supreme Court found in
Sorrell v. Thevenir | 2441 |
(1994), 69 Ohio St.3d 415,
May v. Tandy Corp. (1994), 69 Ohio | 2442 |
St.3d 415, and
DePew v. Ogella (1994), 69 Ohio St.3d 610, to be | 2443 |
unconstitutional as being violative of the equal protection | 2444 |
provision of Section 2, the right to a trial by jury provision of | 2445 |
Section 5, and the due course of law, right to a remedy, and open | 2446 |
court provision of Section 16 of Article I of the Ohio | 2447 |
Constitution. | 2448 |
(C)(1) The Ohio General Assembly respectfully requests the | 2449 |
Ohio Supreme Court to uphold this intent in the courts of Ohio, to | 2450 |
reconsider its holding on damage caps in
State v. Sheward (1999), | 2451 |
Ohio St.3d 451, to reconsider its holding on the deductibility of | 2452 |
collateral source benefits in
Sorrel v. Thevenir (1994), 69 Ohio | 2453 |
St.3d 415, and to reconsider its holding on statutes of repose in | 2454 |
Sedar v. Knowlton Constr. Co. (1990), 49 Ohio St.3d 193, thereby | 2455 |
providing health care practitioners with access to affordable | 2456 |
medical malpractice insurance and maintaining the provision of | 2457 |
quality health care in Ohio. | 2458 |
Section 4. If any item of law that constitutes the whole or | 2463 |
part of a section of law contained in this act, or if any | 2464 |
application of any item of law that constitutes the whole or part | 2465 |
of a section of law contained in this act, is held invalid, the | 2466 |
invalidity does not affect other items of law or applications of | 2467 |
items of law that can be given effect without the invalid item of | 2468 |
law or application. To this end, the items of law of which the | 2469 |
sections contained in this act are composed, and their | 2470 |
applications, are independent and severable. | 2471 |
Section 5. If any item of law that constitutes the whole or | 2472 |
part of a section of law contained in this act, or if any | 2473 |
application of any item of law contained in this act, is held to | 2474 |
be preempted by federal law, the preemption of the item of law or | 2475 |
its application does not affect other items of law or applications | 2476 |
that can be given affect. The items of law of which the sections | 2477 |
of this act are composed, and their applications, are independent | 2478 |
and severable. | 2479 |
Section 6. Section 2117.06 of the Revised Code is
presented | 2480 |
in
this act as a composite of the section as amended by
both Sub. | 2481 |
H.B. 85 and Sub. S.B. 108 of
the 124th General
Assembly. The | 2482 |
General Assembly, applying the
principle stated in
division (B) of | 2483 |
section 1.52 of the Revised
Code that amendments
are to be | 2484 |
harmonized if reasonably capable of
simultaneous
operation, finds | 2485 |
that the composite is the resulting
version of
the section in | 2486 |
effect prior to the effective date of
the section
as presented in | 2487 |
this act. | 2488 |