As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 91


Representative Young 


A BILL
To amend sections 2305.24, 2305.25, 4121.121, 1
4123.01, 4123.31, 4123.342, and 4123.80 and to 2
enact sections 4121.021 and 4123.15 of the Revised 3
Code to make appropriations for the Bureau of 4
Workers' Compensation for the biennium beginning 5
July 1, 2003, and ending June 30, 2005, to 6
authorize and provide conditions that govern the 7
operation of Bureau and Industrial Commission 8
programs, and to authorize an exemption from 9
participation in the workers' compensation 10
insurance program for certain employers and 11
employees based upon religious tenets or beliefs.12


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

       Section 1. That sections 2305.24, 2305.25, 4121.121, 4123.01, 13
4123.31, 4123.342, and 4123.80 be amended and sections 4121.021 14
and 4123.15 of the Revised Code be enacted to read as follows:15

       Sec. 2305.24.  Any information, data, reports, or records16
made available to a quality assurance committee or utilization17
committee of a hospital or long-term care facility or of any18
not-for-profit health care corporation that is a member of the19
hospital or long-term care facility or of which the hospital or20
long-term care facility is a member shall beare confidential and21
shall be used by the committee and the committee members only in22
the exercise of the proper functions of the committee. Any23
information, data, reports, or records made available to a24
utilization committee of a state or local medical society composed25
of doctors of medicine or doctors of osteopathic medicine shall be26
are confidential and shall be used by the committee and the27
committee members only in the exercise of the proper functions of28
the committee. A right of action similar to that a patient may29
have against an attending physician for misuse of information,30
data, reports, or records arising out of the physician-patient31
relationship shall accrue against a member of a quality assurance32
committee or utilization committee for misuse of any information,33
data, reports, or records furnished to the committee by an34
attending physician. No physician, institution, hospital, or35
long-term care facility furnishing information, data, reports, or36
records to a committee with respect to any patient examined or37
treated by the physician or confined in the institution, hospital,38
or long-term care facility shall, by reason of the furnishing, be 39
deemed liable in damages to any person, or be held to answer for 40
betrayal of a professional confidence within the meaning and 41
intent of section 4731.22 of the Revised Code. Information, data, 42
or reports furnished to a utilization committee of a state or 43
local medical society shall contain no name of any person involved 44
therein.45

       Any information, data, reports, or records made available to 46
a quality assurance committee of the bureau of workers' 47
compensation responsible for reviewing the professional 48
qualifications and the performance of providers conducting medical 49
examinations or file reviews for the bureau are confidential and 50
shall be used by the committee and the committee members only in 51
the exercise of the proper functions of the committee.52

       As used in this section, "utilization committee" is the53
committee established to administer a utilization review plan of a54
hospital, of a not-for-profit health care corporation which is a55
member of the hospital or of which the hospital is a member, or of56
a skilled nursing facility as provided in the "Health Insurance57
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).58

       Sec. 2305.25. As used in this section and sections 2305.25159
to 2305.253 of the Revised Code:60

       (A)(1) "Health care entity" means an entity, whether acting61
on its own behalf or on behalf of or in affiliation with other62
health care entities, that conducts as part of its regular63
business activities professional credentialing or quality review64
activities involving the competence of, professional conduct of,65
or quality of care provided by health care providers, including66
both individuals who provide health care and entities that provide67
health care.68

       (2) "Health care entity" includes any entity described in69
division (A)(1) of this section, regardless of whether it is a70
government entity; for-profit or nonprofit corporation; limited71
liability company; partnership; professional corporation; state or72
local society composed of physicians, dentists, optometrists,73
psychologists, or pharmacists; or other health care organization.74

       (B) "Health insuring corporation" means an entity that holds75
a certificate of authority under Chapter 1751. of the Revised76
Code. "Health insuring corporation" includes wholly owned77
subsidiaries of a health insuring corporation.78

       (C) "Hospital" means either of the following:79

       (1) An institution that has been registered or licensed by80
the department of health as a hospital;81

       (2) An entity, other than an insurance company authorized to82
do business in this state, that owns, controls, or is affiliated83
with an institution that has been registered or licensed by the84
department of health as a hospital.85

       (D) "Incident report or risk management report" means a86
report of an incident involving injury or potential injury to a87
patient as a result of patient care provided by health care88
providers, including both individuals who provide health care and89
entities that provide health care, that is prepared by or for the90
use of a peer review committee of a health care entity and is91
within the scope of the functions of that committee.92

       (E)(1) "Peer review committee" means a utilization review93
committee, quality assessment committee, performance improvement94
committee, tissue committee, credentialing committee, or other95
committee that does either of the following:96

       (a) Conducts professional credentialing or quality review97
activities involving the competence of, professional conduct of,98
or quality of care provided by health care providers, including99
both individuals who provide health care and entities that provide100
health care;101

       (b) Conducts any other attendant hearing process initiated as 102
a result of a peer review committee's recommendations or actions.103

       (2) "Peer review committee" includes all of the following:104

       (a) A peer review committee of a hospital or long-term care105
facility or a peer review committee of a nonprofit health care106
corporation that is a member of the hospital or long-term care107
facility or of which the hospital or facility is a member;108

       (b) A peer review committee of a community mental health109
center;110

       (c) A board or committee of a hospital, a long-term care111
facility, or other health care entity when reviewing professional112
qualifications or activities of health care providers, including113
both individuals who provide health care and entities that provide114
health care;115

       (d) A peer review committee, professional standards review116
committee, or arbitration committee of a state or local society117
composed of members who are in active practice as physicians,118
dentists, optometrists, psychologists, or pharmacists;119

       (e) A peer review committee of a health insuring corporation120
that has at least a two-thirds majority of member physicians in121
active practice and that conducts professional credentialing and122
quality review activities involving the competence or professional123
conduct of health care providers that adversely affects or could124
adversely affect the health or welfare of any patient;125

       (f) A peer review committee of a health insuring corporation126
that has at least a two-thirds majority of member physicians in127
active practice and that conducts professional credentialing and128
quality review activities involving the competence or professional129
conduct of a health care facility that has contracted with the130
health insuring corporation to provide health care services to131
enrollees, which conduct adversely affects, or could adversely132
affect, the health or welfare of any patient;133

       (g) A peer review committee of a sickness and accident134
insurer that has at least a two-thirds majority of physicians in135
active practice and that conducts professional credentialing and136
quality review activities involving the competence or professional137
conduct of health care providers that adversely affects or could138
adversely affect the health or welfare of any patient;139

       (h) A peer review committee of a sickness and accident140
insurer that has at least a two-thirds majority of physicians in141
active practice and that conducts professional credentialing and142
quality review activities involving the competence or professional143
conduct of a health care facility that has contracted with the144
insurer to provide health care services to insureds, which conduct145
adversely affects, or could adversely affect, the health or146
welfare of any patient;147

       (i) A peer review committee of any insurer authorized under148
Title XXXIX of the Revised Code to do the business of medical149
professional liability insurance in this state that conducts150
professional quality review activities involving the competence or151
professional conduct of health care providers that adversely152
affects or could affect the health or welfare of any patient;153

       (j) A peer review committee of the bureau of workers' 154
compensation responsible for reviewing the professional 155
qualifications and the performance of providers conducting medical 156
examinations or file reviews for the bureau;157

       (k) Any other peer review committee of a health care entity.158

       (F) "Physician" means an individual authorized to practice159
medicine and surgery, osteopathic medicine and surgery, or160
podiatric medicine and surgery.161

       (G) "Sickness and accident insurer" means an entity162
authorized under Title XXXIX of the Revised Code to do the163
business of sickness and accident insurance in this state.164

       (H) "Tort action" means a civil action for damages for165
injury, death, or loss to a patient of a health care entity. "Tort166
action" includes a product liability claim but does not include a167
civil action for a breach of contract or another agreement between168
persons.169

       Sec. 4121.021.  The industrial commission operating fund is 170
hereby created in the state treasury. The fund shall consist of 171
all moneys transferred to the fund pursuant to division (C) of 172
section 4123.342 of the Revised Code. Revenues credited to the 173
fund shall be used for those costs solely attributable to the 174
activities of the commission.175

       Sec. 4121.121.  (A) There is hereby created the bureau of176
workers' compensation, which shall be administered by the 177
administrator of workers' compensation. A person appointed to the 178
position of administrator shall possess significant management 179
experience in effectively managing an organization or 180
organizations of substantial size and complexity. The governor 181
shall appoint the administrator as provided in section 121.03 of 182
the Revised Code, and the administrator shall serve at the 183
pleasure of the governor. The governor shall fix the184
administrator's salary on the basis of the administrator's 185
experience and the administrator's responsibilities and duties 186
under this chapter and Chapters 4123., 4127., and 4131. of the 187
Revised Code. The governor shall not appoint to the position of188
administrator any person who has, or whose spouse has, given a 189
contribution to the campaign committee of the governor in an 190
amount greater than one thousand dollars during the two-year 191
period immediately preceding the date of the appointment of the 192
administrator. 193

       The administrator shall hold no other public office and shall 194
devote full time to the duties of administrator. Before entering 195
upon the duties of the office, the administrator shall take an 196
oath of office as required by sections 3.22 and 3.23 of the 197
Revised Code, and shall file in the office of the secretary of 198
state, a bond signed by the administrator and by surety approved 199
by the governor, for the sum of fifty thousand dollars payable to 200
the state, conditioned upon the faithful performance of the 201
administrator's duties.202

       (B) The administrator is responsible for the management of 203
the bureau of workers' compensation and for the discharge of all 204
administrative duties imposed upon the administrator in this 205
chapter and Chapters 4123., 4127., and 4131. of the Revised Code, 206
and in the discharge thereof shall do all of the following:207

       (1) Establish the overall administrative policy of the bureau 208
for the purposes of this chapter and Chapters 4123., 4127., and 209
4131. of the Revised Code, and perform all acts and exercise all210
authorities and powers, discretionary and otherwise that are 211
required of or vested in the bureau or any of its employees in 212
this chapter and Chapters 4123., 4127., and 4131. of the Revised 213
Code, except the acts and the exercise of authority and power that 214
is required of and vested in the oversight commission or the 215
industrial commission pursuant to those chapters. The treasurer of 216
state shall honor all warrants signed by the administrator, or by 217
one or more of the administrator's employees, authorized by the 218
administrator in writing, or bearing the facsimile signature of 219
the administrator or such employee under sections 4123.42 and 220
4123.44 of the Revised Code.221

       (2) Employ, direct, and supervise all employees required in 222
connection with the performance of the duties assigned to the223
bureau by this chapter and Chapters 4123., 4127., and 4131. of the 224
Revised Code, and may establish job classification plans and225
compensation for all employees of the bureau provided that this226
grant of authority shall not be construed as affecting any227
employee for whom the state employment relations board has228
established an appropriate bargaining unit under section 4117.06229
of the Revised Code. All positions of employment in the bureau are 230
in the classified civil service except those employees the231
administrator may appoint to serve at the administrator's pleasure 232
in the unclassified civil service pursuant to section 124.11 of 233
the Revised Code. The administrator shall fix the salaries of234
employees the administrator appoints to serve at the 235
administrator's pleasure, including the chief operating officer, 236
staff physicians, and other senior management personnel of the237
bureau and shall establish the compensation of staff attorneys of 238
the bureau's legal section and their immediate supervisors, and 239
take whatever steps are necessary to provide adequate compensation 240
for other staff attorneys.241

       The administrator may appoint a person holding a certified242
position in the classified service to any state position in the243
unclassified service of the bureau of workers' compensation. A244
person so appointed shall retain the right to resume the position 245
and status held by the person in the classified service246
immediately prior to the person's appointment in the unclassified 247
service. If the position the person previously held has been 248
filled or placed in the unclassified service, or is otherwise 249
unavailable, the person shall be appointed to a position in the 250
classified service within the bureau that the department of 251
administrative services certifies is comparable in compensation to 252
the position the person previously held. Reinstatement to a253
position in the classified service shall be to a position254
substantially equal to that held previously, as certified by the255
department of administrative services. Service in the position in 256
the unclassified service shall be counted as service in the 257
position in the classified service held by the person immediately 258
prior to the person's appointment in the unclassified service. 259
When a person is reinstated to a position in the classified260
service as provided in this section, the person is entitled to all 261
rights, status, and benefits accruing to the position during the 262
person's time of service in the position in the unclassified263
service.264

       (3) Reorganize the work of the bureau, its sections,265
departments, and offices to the extent necessary to achieve the266
most efficient performance of its functions and to that end may267
establish, change, or abolish positions and assign and reassign268
duties and responsibilities of every employee of the bureau. All269
persons employed by the commission in positions that, after270
November 3, 1989, are supervised and directed by the administrator 271
under this section are transferred to the bureau in their 272
respective classifications but subject to reassignment and273
reclassification of position and compensation as the administrator 274
determines to be in the interest of efficient administration. The 275
civil service status of any person employed by the commission is 276
not affected by this section. Personnel employed by the bureau or 277
the commission who are subject to Chapter 4117. of the Revised 278
Code shall retain all of their rights and benefits conferred 279
pursuant to that chapter as it presently exists or is hereafter 280
amended and nothing in this chapter or Chapter 4123. of the 281
Revised Code shall be construed as eliminating or interfering with 282
Chapter 4117. of the Revised Code or the rights and benefits 283
conferred under that chapter to public employees or to any 284
bargaining unit.285

       (4) Provide offices, equipment, supplies, and other286
facilities for the bureau. The administrator also shall provide 287
suitable office space in the service offices for the district 288
hearing officers, the staff hearing officers, and commission 289
employees as requested by the commission.290

       (5) Prepare and submit to the oversight commission 291
information the administrator considers pertinent or the oversight 292
commission requires, together with the administrator's 293
recommendations, in the form of administrative rules, for the 294
advice and consent of the oversight commission, for295
classifications of occupations or industries, for premium rates296
and contributions, for the amount to be credited to the surplus297
fund, for rules and systems of rating, rate revisions, and merit298
rating. The administrator shall obtain, prepare, and submit any299
other information the oversight commission requires for the prompt 300
and efficient discharge of its duties.301

       (6) Keep the accounts required by division (A) of section302
4123.34 of the Revised Code and all other accounts and records303
necessary to the collection, administration, and distribution of304
the workers' compensation funds and shall obtain the statistical305
and other information required by section 4123.19 of the Revised306
Code.307

       (7) Exercise the investment powers vested in the308
administrator by section 4123.44 of the Revised Code in accordance 309
with the investment objectives, policies, and criteria established 310
by the oversight commission pursuant to section 4121.12 of the 311
Revised Code. The administrator shall not engage in any prohibited 312
investment activity specified by the oversight commission pursuant313
to division (F)(6) of section 4121.12 of the Revised Code. All 314
business shall be transacted, all funds invested, all warrants for 315
money drawn and payments made, and all cash and securities and 316
other property held, in the name of the bureau, or in the name of 317
its nominee, provided that nominees are authorized by the 318
administrator solely for the purpose of facilitating the transfer 319
of securities, and restricted to the administrator and designated320
employees.321

       (8) Make contracts for and supervise the construction of any 322
project or improvement or the construction or repair of buildings 323
under the control of the bureau.324

       (9) Purchase supplies, materials, equipment, and services; 325
make contracts for, operate, and superintend the telephone, other 326
telecommunication, and computer services for the use of the 327
bureau; and make contracts in connection with office reproduction, 328
forms management, printing, and other services. Notwithstanding 329
sections 125.12 to 125.14 of the Revised Code, the administrator 330
may transfer surplus computers and computer equipment directly to 331
an accredited public school within the state. The computers and 332
computer equipment may be repaired or refurbished prior to the333
transfer.334

       (10) Separately from the budget the industrial commission 335
submits, prepare and submit to the director of budget and 336
management a budget for each biennium. The budget submitted shall 337
include estimates of the costs and necessary expenditures of the 338
bureau in the discharge of any duty imposed by law as well as the 339
costs of furnishing office space to the district hearing officers, 340
staff hearing officers, and commission employees under division 341
(D) of this section.342

       (11) As promptly as possible in the course of efficient343
administration, decentralize and relocate such of the personnel344
and activities of the bureau as is appropriate to the end that the 345
receipt, investigation, determination, and payment of claims may 346
be undertaken at or near the place of injury or the residence of 347
the claimant and for that purpose establish regional offices, in 348
such places as the administrator considers proper, capable of 349
discharging as many of the functions of the bureau as is 350
practicable so as to promote prompt and efficient administration 351
in the processing of claims. All active and inactive lost-time 352
claims files shall be held at the service office responsible for 353
the claim. A claimant, at the claimant's request, shall be 354
provided with information by telephone as to the location of the 355
file pertaining to claim. The administrator shall ensure that all 356
service office employees report directly to the director for their 357
service office.358

       (12) Provide a written binder on new coverage where the359
administrator considers it to be in the best interest of the risk. 360
The administrator, or any other person authorized by the361
administrator, shall grant the binder upon submission of a request 362
for coverage by the employer. A binder is effective for a period 363
of thirty days from date of issuance and is nonrenewable. Payroll 364
reports and premium charges shall coincide with the effective date 365
of the binder.366

       (13) Set standards for the reasonable and maximum handling367
time of claims payment functions, ensure, by rules, the impartial368
and prompt treatment of all claims and employer risk accounts, and 369
establish a secure, accurate method of time stamping all incoming 370
mail and documents hand delivered to bureau employees.371

       (14) Ensure that all employees of the bureau follow the372
orders and rules of the commission as such orders and rules relate 373
to the commission's overall adjudicatory policy-making and374
management duties under this chapter and Chapters 4123., 4127.,375
and 4131. of the Revised Code.376

       (15) Manage and operate a data processing system with a377
common data base for the use of both the bureau and the commission 378
and, in consultation with the commission, using electronic data 379
processing equipment, shall develop a claims tracking system that 380
is sufficient to monitor the status of a claim at any time and 381
that lists appeals that have been filed and orders or 382
determinations that have been issued pursuant to section 4123.511 383
or 4123.512 of the Revised Code, including the dates of such 384
filings and issuances.385

       (16) Establish and maintain a medical section within the386
bureau. The medical section shall do all of the following:387

       (a) Assist the administrator in establishing standard medical 388
fees, approving medical procedures, and determining eligibility 389
and reasonableness of the compensation payments for medical, 390
hospital, and nursing services, and in establishing guidelines for 391
payment policies which recognize usual, customary, and reasonable 392
methods of payment for covered services;393

       (b) Provide a resource to respond to questions from claims394
examiners for employees of the bureau;395

       (c) Audit fee bill payments;396

       (d) Implement a program to utilize, to the maximum extent397
possible, electronic data processing equipment for storage of398
information to facilitate authorizations of compensation payments399
for medical, hospital, drug, and nursing services;400

       (e) Perform other duties assigned to it by the administrator.401

       (17) Appoint, as the administrator determines necessary,402
panels to review and advise the administrator on disputes arising 403
over a determination that a health care service or supply provided 404
to a claimant is not covered under this chapter or Chapter 4123. 405
of the Revised Code or is medically unnecessary. If an individual406
health care provider is involved in the dispute, the panel shall407
consist of individuals licensed pursuant to the same section of408
the Revised Code as such health care provider.409

       (18) Pursuant to section 4123.65 of the Revised Code, approve 410
applications for the final settlement of claims for compensation 411
or benefits under this chapter and Chapters 4123., 4127., and 412
4131. of the Revised Code as the administrator determines 413
appropriate, except in regard to the applications of self-insuring 414
employers and their employees.415

       (19) Comply with section 3517.13 of the Revised Code, and416
except in regard to contracts entered into pursuant to the 417
authority contained in section 4121.44 of the Revised Code, comply 418
with the competitive bidding procedures set forth in the Revised 419
Code for all contracts into which the administrator enters 420
provided that those contracts fall within the type of contracts 421
and dollar amounts specified in the Revised Code for competitive 422
bidding and further provided that those contracts are not423
otherwise specifically exempt from the competitive bidding 424
procedures contained in the Revised Code.425

       (20) Adopt, with the advice and consent of the oversight426
commission, rules for the operation of the bureau.427

       (21) Prepare and submit to the oversight commission 428
information the administrator considers pertinent or the oversight 429
commission requires, together with the administrator's 430
recommendations, in the form of administrative rules, for the 431
advice and consent of the oversight commission, for the health 432
partnership program and the qualified health plan system, as433
provided in sections 4121.44, 4121.441, and 4121.442 of the 434
Revised Code.435

       (C) The administrator, with the advice and consent of the 436
senate, shall appoint a chief operating officer who has 437
significant experience in the field of workers' compensation 438
insurance or other similar insurance industry experience if the439
administrator does not possess such experience. The chief 440
operating officer shall not commence the chief operating officer's 441
duties until after the senate consents to the chief operating 442
officer's appointment. The chief operating officer shall serve in 443
the unclassified civil service of the state.444

       Sec. 4123.01.  As used in this chapter:445

       (A)(1) "Employee" means:446

       (a) Every person in the service of the state, or of any447
county, municipal corporation, township, or school district448
therein, including regular members of lawfully constituted police449
and fire departments of municipal corporations and townships,450
whether paid or volunteer, and wherever serving within the state451
or on temporary assignment outside thereof, and executive officers452
of boards of education, under any appointment or contract of hire,453
express or implied, oral or written, including any elected454
official of the state, or of any county, municipal corporation, or455
township, or members of boards of education.456

       As used in division (A)(1)(a) of this section, the term 457
"employee" includes the following persons when responding to an 458
inherently dangerous situation that calls for an immediate 459
response on the part of the person, regardless of whether the 460
person is within the limits of the jurisdiction of the person's 461
regular employment or voluntary service when responding, on the 462
condition that the person responds to the situation as the person 463
otherwise would if the person were on duty in the person's464
jurisdiction:465

       (i) Off-duty peace officers. As used in division (A)(1)(a)(i) 466
of this section, "peace officer" has the same meaning as in467
section 2935.01 of the Revised Code.468

       (ii) Off-duty firefighters, whether paid or volunteer, of a469
lawfully constituted fire department.470

       (iii) Off-duty first responders, emergency medical471
technicians-basic, emergency medical technicians-intermediate, or472
emergency medical technicians-paramedic, whether paid or473
volunteer, of an ambulance service organization or emergency474
medical service organization pursuant to Chapter 4765. of the475
Revised Code.476

       (b) Every person in the service of any person, firm, or477
private corporation, including any public service corporation,478
that (i) employs one or more persons regularly in the same479
business or in or about the same establishment under any contract480
of hire, express or implied, oral or written, including aliens and481
minors, household workers who earn one hundred sixty dollars or482
more in cash in any calendar quarter from a single household and483
casual workers who earn one hundred sixty dollars or more in cash484
in any calendar quarter from a single employer, or (ii) is bound485
by any such contract of hire or by any other written contract, to486
pay into the state insurance fund the premiums provided by this487
chapter.488

       (c) Every person who performs labor or provides services489
pursuant to a construction contract, as defined in section 4123.79490
of the Revised Code, if at least ten of the following criteria491
apply:492

       (i) The person is required to comply with instructions from493
the other contracting party regarding the manner or method of494
performing services;495

       (ii) The person is required by the other contracting party to 496
have particular training;497

       (iii) The person's services are integrated into the regular498
functioning of the other contracting party;499

       (iv) The person is required to perform the work personally;500

       (v) The person is hired, supervised, or paid by the other501
contracting party;502

       (vi) A continuing relationship exists between the person and503
the other contracting party that contemplates continuing or504
recurring work even if the work is not full time;505

       (vii) The person's hours of work are established by the other 506
contracting party;507

       (viii) The person is required to devote full time to the508
business of the other contracting party;509

       (ix) The person is required to perform the work on the510
premises of the other contracting party;511

       (x) The person is required to follow the order of work set by 512
the other contracting party;513

       (xi) The person is required to make oral or written reports514
of progress to the other contracting party;515

       (xii) The person is paid for services on a regular basis such 516
as hourly, weekly, or monthly;517

       (xiii) The person's expenses are paid for by the other518
contracting party;519

       (xiv) The person's tools and materials are furnished by the520
other contracting party;521

       (xv) The person is provided with the facilities used to522
perform services;523

       (xvi) The person does not realize a profit or suffer a loss524
as a result of the services provided;525

       (xvii) The person is not performing services for a number of526
employers at the same time;527

       (xviii) The person does not make the same services available528
to the general public;529

       (xix) The other contracting party has a right to discharge530
the person;531

       (xx) The person has the right to end the relationship with532
the other contracting party without incurring liability pursuant533
to an employment contract or agreement.534

       Every person in the service of any independent contractor or535
subcontractor who has failed to pay into the state insurance fund536
the amount of premium determined and fixed by the administrator of537
workers' compensation for the person's employment or occupation or538
if a self-insuring employer has failed to pay compensation and539
benefits directly to the employer's injured and to the dependents540
of the employer's killed employees as required by section 4123.35541
of the Revised Code, shall be considered as the employee of the542
person who has entered into a contract, whether written or verbal,543
with such independent contractor unless such employees or their544
legal representatives or beneficiaries elect, after injury or545
death, to regard such independent contractor as the employer.546

       (2) "Employee" does not mean:547

       (a) A duly ordained, commissioned, or licensed minister or548
assistant or associate minister of a church in the exercise of549
ministry; or550

       (b) Any officer of a family farm corporation; or551

       (c) An individual who otherwise is an employee of an employer 552
but who signs the waiver and affidavit specified in section 553
4123.15 of the Revised Code on the condition that the 554
administrator has granted a waiver and exception to the 555
individual's employer under section 4123.15 of the Revised Code.556

       Any employer may elect to include as an "employee" within557
this chapter, any person excluded from the definition of558
"employee" pursuant to division (A)(2) of this section. If an559
employer is a partnership, sole proprietorship, or family farm560
corporation, such employer may elect to include as an "employee"561
within this chapter, any member of such partnership, the owner of562
the sole proprietorship, or the officers of the family farm563
corporation. In the event of an election, the employer shall serve 564
upon the bureau of workers' compensation written notice naming the 565
persons to be covered, include such employee's remuneration for 566
premium purposes in all future payroll reports, and no person 567
excluded from the definition of "employee" pursuant to division 568
(A)(2) of this section, proprietor, or partner shall be deemed an 569
employee within this division until the employer has served such 570
notice.571

       For informational purposes only, the bureau shall prescribe572
such language as it considers appropriate, on such of its forms as573
it considers appropriate, to advise employers of their right to574
elect to include as an "employee" within this chapter a sole575
proprietor, any member of a partnership, the officers of a family576
farm corporation, or a person excluded from the definition of577
"employee" under division (A)(2)(a) of this section, that they578
should check any health and disability insurance policy, or other579
form of health and disability plan or contract, presently covering580
them, or the purchase of which they may be considering, to581
determine whether such policy, plan, or contract excludes benefits582
for illness or injury that they might have elected to have covered583
by workers' compensation.584

       (B) "Employer" means:585

       (1) The state, including state hospitals, each county,586
municipal corporation, township, school district, and hospital587
owned by a political subdivision or subdivisions other than the588
state;589

       (2) Every person, firm, and private corporation, including590
any public service corporation, that (a) has in service one or591
more employees regularly in the same business or in or about the592
same establishment under any contract of hire, express or implied,593
oral or written, or (b) is bound by any such contract of hire or594
by any other written contract, to pay into the insurance fund the595
premiums provided by this chapter.596

       All such employers are subject to this chapter. Any member of 597
a firm or association, who regularly performs manual labor in or 598
about a mine, factory, or other establishment, including a599
household establishment, shall be considered an employee in600
determining whether such person, firm, or private corporation, or601
public service corporation, has in its service, one or more602
employees and the employer shall report the income derived from603
such labor to the bureau as part of the payroll of such employer,604
and such member shall thereupon be entitled to all the benefits of605
an employee.606

       (C) "Injury" includes any injury, whether caused by external607
accidental means or accidental in character and result, received608
in the course of, and arising out of, the injured employee's609
employment. "Injury" does not include:610

       (1) Psychiatric conditions except where the conditions have611
arisen from an injury or occupational disease;612

       (2) Injury or disability caused primarily by the natural613
deterioration of tissue, an organ, or part of the body;614

       (3) Injury or disability incurred in voluntary participation615
in an employer-sponsored recreation or fitness activity if the616
employee signs a waiver of the employee's right to compensation or617
benefits under this chapter prior to engaging in the recreation or618
fitness activity.619

       (D) "Child" includes a posthumous child and a child legally620
adopted prior to the injury.621

       (E) "Family farm corporation" means a corporation founded for 622
the purpose of farming agricultural land in which the majority of 623
the voting stock is held by and the majority of the stockholders 624
are persons or the spouse of persons related to each other within 625
the fourth degree of kinship, according to the rules of the civil 626
law, and at least one of the related persons is residing on or 627
actively operating the farm, and none of whose stockholders are a 628
corporation. A family farm corporation does not cease to qualify 629
under this division where, by reason of any devise, bequest, or 630
the operation of the laws of descent or distribution, the 631
ownership of shares of voting stock is transferred to another 632
person, as long as that person is within the degree of kinship 633
stipulated in this division.634

       (F) "Occupational disease" means a disease contracted in the635
course of employment, which by its causes and the characteristics636
of its manifestation or the condition of the employment results in637
a hazard which distinguishes the employment in character from638
employment generally, and the employment creates a risk of639
contracting the disease in greater degree and in a different640
manner from the public in general.641

       (G) "Self-insuring employer" means an employer who is granted 642
the privilege of paying compensation and benefits directly under 643
section 4123.35 of the Revised Code, including a board of county 644
commissioners for the sole purpose of constructing a sports645
facility as defined in section 307.696 of the Revised Code,646
provided that the electors of the county in which the sports647
facility is to be built have approved construction of a sports648
facility by ballot election no later than November 6, 1997.649

       (H) "Public employer" means an employer as defined in650
division (B)(1) of this section.651

       Sec. 4123.15. (A) An employer who is a member of a recognized 652
religious sect or division of a recognized religious sect and who 653
is an adherent of established tenets or teachings of that sect or 654
division by reason of which the employer is conscientiously 655
opposed to benefits to employers and employees from any public or 656
private insurance that makes payment in the event of death, 657
disability, impairment, old age, or retirement or makes payments 658
toward the cost of, or provides services in connection with the 659
payment for, medical services, including the benefits from any 660
insurance system established by the "Social Security Act," 42 661
U.S.C.A. 30l, et seq., may apply to the administrator of workers' 662
compensation to be excepted from payment of premiums and other 663
charges assessed under this chapter and Chapter 4121. of the 664
Revised Code with respect to, or if the employer is a 665
self-insuring employer, from payment of direct compensation and 666
benefits to and assessments required by this chapter and Chapter 667
4121. of the Revised Code on account of, an individual employee 668
who meets the requirements of this section. The employer shall 669
make an application on forms provided by the bureau of workers' 670
compensation which forms may be those used by or similar to those 671
used by the United States internal revenue service for the purpose 672
of granting an exemption from payment of social security taxes 673
under 26 U.S.C.A. 1402(g) of the Internal Revenue Code, and shall 674
include a written waiver signed by the individual employee to be 675
excepted from all the benefits and compensation provided in this 676
chapter and Chapter 4121. of the Revised Code.677

       The application also shall include affidavits signed by the 678
employer and the individual employee that the employer and the 679
individual employee are members of a recognized religious sect or 680
division of a recognized religious sect and are adherents of 681
established tenets or teaching of that sect or division by reason 682
of which the employer and the individual employee are 683
conscientiously opposed to benefits to employers and employees 684
received from any public or private insurance that makes payments 685
in the event of death, disability, impairment, old age, or 686
retirement or makes payments toward the cost of, or provides 687
services in connection with the payment for, medical services, 688
including the benefits from any insurance system established by 689
the "Social Security Act," 42 U.S.C.A. 301, et seq. If the 690
individual is a minor, the guardian of the minor shall complete 691
the waiver and affidavit required by this division.692

       (B) The administrator shall grant the waiver and exception to 693
the employer for a particular individual employee if the 694
administrator finds that the employer and the individual employee 695
are members of a sect or division having the established tenets or 696
teachings described in division (A) of this section, that it is 697
the practice, and has been for a substantial number of years, for 698
members of the sect or division of the sect to make provision for 699
their dependent members which, in the administrator's judgment, is 700
reasonable in view of their general level of hiring, and that the 701
sect or division of the sect has been in existence at all times 702
since December 31, 1950.703

       (C) A waiver and exception under division (B) of this section 704
is effective on the date the administrator grants the waiver and 705
exception. An employer who complies with this chapter and the 706
employer's other employees, with respect to an individual employee 707
for whom the administrator grants the waiver and exception, are 708
entitled, as to that individual employee and as to all injuries 709
and occupational diseases of the individual employee that occurred 710
prior to the effective date of the waiver and exception, to the 711
protections of sections 4123.74 and 4123.741 of the Revised Code. 712
On and after the effective date of the waiver and exception, the 713
employer is not liable for the payment of any premiums or other 714
charges assessed under this chapter or Chapter 4121. of the 715
Revised Code, or if the individual is a self-insuring employer, 716
the employer is not liable for the payment of any compensation or 717
benefits directly or other charges assessed under this chapter or 718
Chapter 4121. of the Revised Code in regard to that individual 719
employee, and is considered a complying employer under those 720
chapters, and the employer and the employer's other employees are 721
entitled to the protections of sections 4123.74 and 4123.741 of 722
the Revised Code, as to that individual employee, and as to 723
injuries and occupational diseases of that individual employee 724
that occur on and after the effective date of the waiver and 725
exception.726

       (D) A waiver and exception granted in regard to a specific 727
employer and individual employee are valid for all future years 728
unless the administrator determines that the employer, individual 729
employee, or sect or division ceases to meet the requirements of 730
this section. If the administrator makes this determination, the 731
employer is liable for the payment of premiums and other charges 732
assessed under this chapter and Chapter 4121. of the Revised Code, 733
or if the employer is a self-insuring employer, the employer is 734
liable for the payment of compensation and benefits directly and 735
other charges assessed under those chapters, in regard to the 736
individual employee for all injuries and occupational diseases of 737
that individual that occur on and after the date of the 738
administrator's determination, and the individual employee is 739
entitled to all of the benefits and compensation provided in those 740
chapters for an injury or occupational disease that occurs on or 741
after the date of the administrator's determination.742

       Sec. 4123.31.  The moneys in the state treasury for the use 743
of the bureau of workers' compensation and the industrial 744
commission shall be known as the workers' compensation fund and745
group. The moneys from each fund shall be disbursed respectively746
pursuant to vouchers approved by the administrator of workers' 747
compensation or the administrator's designee, or by the 748
chairperson of the commission or the chairperson's designee.749

       The bureau and the commission shall provide for the custody, 750
safekeeping, and deposit of all moneys, checks, and drafts 751
received by itthe bureau or commission or any of its employees or 752
agents prior to paying the moneys, checks, and drafts to the753
treasurer of state as provided by section 113.08 of the Revised 754
Code.755

       Sec. 4123.342.  (A) The administrator of workers'756
compensation shall allocate among counties and taxing districts757
therein as a class, the state and its instrumentalities as a758
class, private employers who are insured under the private fund as 759
a class, and self-insuring employers as a class their fair shares 760
of the administrative costs which are to be borne by such761
employers under division (D) of section 4123.341 of the Revised762
Code, separately allocating to each class those costs solely 763
attributable to the activities of the industrial commission, and 764
those costs solely attributable to the activities of the workers'765
compensation oversight commission, and the bureau of workers' 766
compensation in respect of the class, allocating to any 767
combination of classes those costs attributable to the activities 768
of the industrial commission, oversight commission, or bureau in 769
respect of the classes, and allocating to all four classes those 770
costs attributable to the activities of the industrial commission, 771
oversight commission, and bureau in respect of all classes. The772
administrator shall separately calculate each employer's 773
assessment in the class, except self-insuring employers, on the 774
basis of the following three factors: payroll, paid compensation, 775
and paid medical costs of the employer for those costs solely 776
attributable to the activities of the oversight commission and the 777
bureau. The administrator shall separately calculate each 778
employer's assessment in the class, except self-insuring 779
employers, on the basis of the following three factors: payroll, 780
paid compensation, and paid medical costs of the employer for 781
those costs solely attributable to the activities of the 782
industrial commission. The administrator shall separately 783
calculate each self-insuring employer's assessment in accordance 784
with section 4123.35 of the Revised Code for those costs solely 785
attributable to the activities of the oversight commission and the 786
bureau. The administrator shall separately calculate each 787
self-insuring employer's assessment in accordance with section 788
4123.35 of the Revised Code for those costs solely attributable to 789
the activities of the industrial commission. In a timely manner, 790
the industrial commission shall provide to the administrator, the 791
information necessary for the administrator to allocate and 792
calculate, with the approval of the chairperson of the industrial 793
commission, for each class of employer as described in this 794
division, the costs solely attributable to the activities of the 795
industrial commission.796

       (B) The administrator shall divide the administrative cost 797
assessments collected by the administrator into two administrative 798
assessment accounts within the state insurance fund. One of the 799
administrative assessment accounts shall consist of the 800
administrative cost assessment collected by the administrator for 801
the industrial commission. The other administrative assessment 802
account shall consist of the administrative cost assessments 803
collected by the administrator for the bureau and the workers' 804
compensation oversight commission. The administrator may invest 805
the administrative cost assessments in these accounts on behalf of 806
the bureau and the industrial commission as authorized in section 807
4123.44 of the Revised Code. In a timely manner, the administrator 808
shall provide to the industrial commission the information and 809
reports the commission deems necessary for the commission to 810
monitor the receipts and the disbursements from the administrative 811
assessment account for the industrial commission.812

       (C) The administrator or the administrator's designee shall 813
transfer moneys as necessary from the administrative assessment 814
account identified for the bureau and the workers' compensation 815
oversight commission to the workers' compensation fund for the use 816
of the bureau and the oversight commission. As necessary and upon 817
the authorization of the industrial commission, the administrator 818
or the administrator's designee shall transfer moneys from the 819
administrative assessment account identified for the industrial 820
commission to the industrial commission operating fund created 821
under section 4121.021 of the Revised Code. To the extent that the 822
moneys collected by the administrator in any fiscal biennium of 823
the state equal the sum appropriated by the general assembly for 824
administrative costs of the industrial commission, oversight 825
commission, and bureau for the biennium, the moneys shall be paid 826
into the workers' compensation fund and the industrial commission 827
operating fund of the state and any remainder shall be retained in 828
the state insurance fund and applied to reduce the amount 829
collected during the next biennium. Sections 4123.41, 4123.35, and 830
4123.37 of the Revised Code apply to the collection of assessments 831
from public and private employers respectively, except that for 832
boards of county hospital trustees that are self-insuring 833
employers, only those provisions applicable to the collection of 834
assessments for private employers apply.835

       Sec. 4123.80.  No agreement by an employee to waive hisan836
employee's rights to compensation under this chapter is valid, 837
except that:838

       (A) An employee who is blind may waive the compensation that 839
may become due himto the employee for injury or disability in 840
cases where the injury or disability may be directly caused by or 841
due to histhe employee's blindness. The administrator of workers' 842
compensation, with the advice and consent of the workers' 843
compensation oversight commission, may adopt and enforce rules 844
governing the employment of such persons and the inspection of 845
their places of employment.846

       (B) An employee may waive histhe employee's rights to847
compensation or benefits as authorized pursuant to division (C)(3) 848
of section 4123.01 or section 4123.15 of the Revised Code.849

       No agreement by an employee to pay any portion of the premium850
paid by histhe employee's employer into the state insurance fund 851
is valid.852

       Section 2. That existing sections 2305.24, 2305.25, 4121.121, 853
4123.01, 4123.31, 4123.342, and 4123.80 of the Revised Code are 854
hereby repealed.855

       Section 3.  All items in this section are hereby appropriated856
out of any moneys in the state treasury to the credit of the857
designated fund. For all appropriations made in this act, those in 858
the first column are for fiscal year 2004, and those in the second 859
column are for fiscal year 2005.860

FND AI AI TITLE Appropriations 861

BWC BUREAU OF WORKERS' COMPENSATION
862

Workers' Compensation Fund Group863

023 855-401 William Green Lease Payments to OBA $ 18,734,613 $ 19,239,613 864
023 855-407 Claims, Risk & Medical Management $ 141,539,537 $ 141,539,537 865
023 855-408 Fraud Prevention $ 11,713,797 $ 11,713,797 866
023 855-409 Administrative Services $ 119,884,053 $ 119,884,053 867
023 855-410 Attorney General Payments $ 4,314,644 $ 4,314,644 868
822 855-606 Coal Workers' Fund $ 91,894 $ 91,894 869
823 855-608 Marine Industry $ 53,952 $ 53,952 870
825 855-605 Disabled Workers Relief Fund $ 693,764 $ 693,764 871
826 855-609 Safety & Hygiene Operating $ 20,130,820 $ 20,130,820 872
826 855-610 Safety Grants Program $ 2,000,000 $ 2,000,000 873
TOTAL WCF Workers' Compensation 874
Fund Group $ 319,157,074 $ 319,662,074 875
TOTAL ALL BUDGET FUND GROUPS $ 319,157,074 $ 319,662,074 876

       WILLIAM GREEN LEASE PAYMENTS877

       The foregoing appropriation item 855-401, William Green Lease878
Payments to OBA, shall be used for lease payments to the Ohio879
Building Authority, and these appropriations shall be used to meet880
all payments at the times they are required to be made during the881
period from July 1, 2004, to June 30, 2005, by the Bureau of882
Workers' Compensation to the Ohio Building Authority pursuant to883
leases and agreements made under Chapter 152. of the Revised Code884
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.885
Of the amounts received in Fund 023, appropriation item 855-401,886
up to $37,974,226 shall be restricted for lease rental payments to887
the Ohio Building Authority. If it is determined that additional888
appropriations are necessary for such purpose, such amounts are889
hereby appropriated.890

       Notwithstanding any other provision of law to the contrary,891
all tenants of the William Green Building not funded by the892
Workers' Compensation Fund (Fund 023) shall pay their fair share893
of the costs of lease payments to the Workers' Compensation Fund894
(Fund 023) by intrastate transfer voucher.895

       WORKERS' COMPENSATION FRAUD UNIT896

       The Workers' Compensation Section Fund (Fund 195) shall897
receive payments from the Bureau of Workers' Compensation at the898
beginning of each quarter of each fiscal year to fund expenses of899
the Workers' Compensation Fraud Unit of the Attorney General's900
Office. Of the foregoing appropriation item 855-410, Attorney901
General Payments, $773,151 in fiscal year 2004 and $773,151 in902
fiscal year 2005 shall be used to provide these payments.903

       SAFETY AND HYGIENE904

       Notwithstanding section 4121.37 of the Revised Code, the905
Administrator of Workers' Compensation shall transfer moneys from906
the State Insurance Fund so that appropriation item 855-609,907
Safety and Hygiene Operating, is provided $20,130,820 in fiscal908
year 2004 and $20,130,820 in fiscal year 2005.909

       BALANCES910

       Notwithstanding any provision of law to the contrary, the911
Director of Budget and Management shall make any transfers of cash912
balances between funds made necessary by the creation of new funds913
or the consolidation of funds as authorized by the General914
Assembly. Within the first five days after the effective date of915
this section, the head of the Industrial Commission shall certify 916
to the Director of Budget and Management the amount of the cash 917
balance to be transferred to the Industrial Commission Operating 918
Fund (Fund 5W3). The Director of Budget and Management may 919
transfer the amount. Within thirty days after the effective date 920
of this section, the head of the Industrial Commission shall 921
certify the final transfer amount to the Director of Budget and 922
Management. The Director shall transfer the cash from the Workers' 923
Compensation Fund (Fund 023) to the Industrial Commission 924
Operating Fund (Fund 5W3).925

       To implement funding changes as described above pertaining to926
prior year encumbrance balances and commensurate appropriation927
authority, in fiscal year 2004 the Director of Budget and928
Management may cancel encumbrances outstanding on June 30, 2003,929
and reestablish such prior year encumbrances or parts of930
encumbrances as needed in fiscal year 2004 in the appropriate fund931
or appropriation item as authorized in this act for the same932
purpose and to the same vendor. As determined by the director, the 933
appropriation authority necessary to reestablish such prior year 934
encumbrances in fiscal year 2004 in a different fund or935
appropriation item within an agency or between agencies is936
authorized. The director shall reduce each prior year's937
appropriation authority by the amount of the encumbrances canceled938
in their respective funds and appropriation items.939

       VOCATIONAL REHABILITATION940

       The Bureau of Workers' Compensation and the Rehabilitation941
Services Commission shall enter into an interagency agreement for942
the provision of vocational rehabilitation services and staff to943
mutually eligible clients. The bureau shall provide $587,774 in944
fiscal year 2004 and $605,407 in fiscal year 2005 from the State945
Insurance Fund to fund vocational rehabilitation services and946
staff in accordance with the interagency agreement.947

       FUND BALANCE948

       Any unencumbered cash balance in excess of $45,000,000 in the949
Workers' Compensation Fund (Fund 023) on the thirtieth day of June950
of each fiscal year shall be used to reduce the administrative951
cost rate charged to employers to cover appropriations for Bureau952
of Workers' Compensation operations.953

       Section 4. On July 1, 2003, or as soon thereafter as 954
possible, the Director of Budget and Management shall transfer an 955
amount equal to the amount of existing encumbrances in Fund 023 956
appropriation items 845-321, Operating Expenses, 845-402, Rent - 957
William Green Building, and 845-410, Attorney General Payments, 958
from Fund 023 to Fund 5W3 under the Ohio Industrial Commission.959

       On July 1, 2003, or as soon thereafter as possible, the 960
Director of Budget and Management shall transfer the amount 961
certified by the Ohio Industrial Commission from Fund 023 to Fund 962
5W3. Any existing encumbrances in appropriation items 845-321, 963
Operating Expenses, 845-402, Rent - William Green Building, and 964
845-410, Attorney General Payments, under Fund 023 shall be 965
canceled and re-established against appropriation items 845-321, 966
Operating Expenses, 845-402, Rent - William Green Building, and 967
845-410, Attorney General Payments, under Fund 5W3, respectively. 968
The amounts of the re-established encumbrances are hereby 969
appropriated.970

       Section 5. The Director of the Legislative Service Commission 971
shall renumber the Bureau of Workers' Compensation safety and 972
hygiene rules currently bearing Administrative Code division-level 973
designation 4121:1 so that the rules bear instead division-level 974
designation 4123:1. Thereafter, division-level designation 4123:1 975
constitutes an official part of the official Administrative Code 976
rule numbers of the Bureau of Workers' Compensation safety and 977
hygiene rules, and a reference in a statute, rule, contract, or 978
other document to a safety and hygiene rule bearing Administrative 979
Code division-level designation 4121:1 is deemed to refer to the 980
same rule as officially renumbered pursuant to this section.981

       Section 6. Law contained in the main operating appropriations 982
act of the 125th General Assembly that applies generally to the 983
appropriations made in that act also applies generally to the 984
appropriations made in this act.985

       Section 7. Sections 2305.24, 2305.25, 4121.121, 4123.01, 986
4123.31, 4123.342, and 4123.80 of the Revised Code as amended by 987
this act and sections 4121.021 and 4123.15 of the Revised Code as 988
enacted by this act are subject to the referendum. Therefore, 989
under Ohio Constitution, Article II, Section 1c and section 1.471 990
of the Revised Code, the sections as amended or enacted take 991
effect on the ninety-first day after this act is filed with the 992
Secretary of State. If, however, a referendum petition is filed 993
against such a section as amended or enacted, or against an item 994
of which such a section is composed, the section as amended or 995
enacted or item, unless rejected at the referendum, takes effect 996
at the earliest time permitted by law.997

       Section 8. The uncodified sections of law contained in this 998
act, and the items of law of which the uncodified sections of law 999
contained in this act are composed, are not subject to the 1000
referendum. Therefore, under Ohio Constitution, Article II, 1001
Section 1d and section 1.471 of the Revised Code, the uncodified 1002
sections of law contained in this act, and the items of law of 1003
which the uncodified sections of law contained in this act are 1004
composed, go into immediate effect when this act becomes law.1005

       Section 9. An item that composes the whole or part of an 1006
uncodified section contained in this act has no effect after June 1007
30, 2005, unless the context clearly indicates otherwise.1008

       Section 10.  Section 4123.01 of the Revised Code is presented 1009
in this act as a composite of the section as amended by both H.B. 1010
675 and Am. Sub. S.B. 223 of the 124th General Assembly. The 1011
General Assembly, applying the principle stated in division (B) of 1012
section 1.52 of the Revised Code that amendments are to be 1013
harmonized if reasonably capable of simultaneous operation, finds 1014
that the composite is the resulting version of the section in 1015
effect prior to the effective date of the section as presented in 1016
this act.1017

       Section 11. If any item of law that constitutes the whole or 1018
part of a codified or uncodified section of law contained in this 1019
act, or if any application of any item of law that constitutes the 1020
whole or part of a codified or uncodified section of law contained 1021
in this act, is held invalid, the invalidity does not affect other 1022
times of law or applications of items of law that can be given 1023
effect without the invalid item of law or application. To this 1024
end, the items of law of which the codified and uncodified 1025
sections of law contained in this act are composed, and their 1026
applications, are independent and severable.1027