Sec. 2305.24. Any information, data, reports, or records | 17 |
made available to a quality assurance committee or utilization | 18 |
committee of a hospital or long-term care facility or of any | 19 |
not-for-profit health care
corporation that is a member of the | 20 |
hospital or long-term care facility
or of which the hospital or | 21 |
long-term care facility is a member
shall beare confidential and | 22 |
shall be used by
the committee and the committee members only in | 23 |
the exercise of
the proper functions of the committee. Any | 24 |
information, data,
reports, or records made available to a | 25 |
utilization committee of
a state or local medical society composed | 26 |
of doctors of medicine
or doctors of osteopathic medicine shall
be | 27 |
are confidential and shall be used by the committee and the | 28 |
committee
members only in the exercise of the proper functions of | 29 |
the
committee. A right of action similar to that a patient may | 30 |
have
against an attending physician for misuse of information, | 31 |
data,
reports, or records arising out of the physician-patient | 32 |
relationship shall accrue against a member of a quality
assurance | 33 |
committee or utilization committee for misuse of any
information, | 34 |
data, reports, or records furnished to the committee
by an | 35 |
attending physician. No physician, institution,
hospital, or | 36 |
long-term care facility furnishing
information, data, reports, or | 37 |
records to
a committee with respect to any patient examined or | 38 |
treated by
the physician or confined in the institution,
hospital, | 39 |
or long-term care facility
shall, by reason of the
furnishing, be | 40 |
deemed liable in
damages to any person, or be held
to answer for | 41 |
betrayal of a
professional confidence within the
meaning and | 42 |
intent of section
4731.22 of the Revised Code.
Information, data, | 43 |
or reports
furnished to a utilization committee
of a state or | 44 |
local medical
society shall contain no name of any
person involved | 45 |
therein. | 46 |
Sec. 4121.121. (A) There is hereby created the bureau of | 177 |
workers' compensation, which shall be administered by the | 178 |
administrator of
workers' compensation. A person appointed to the | 179 |
position of administrator
shall possess significant management | 180 |
experience in effectively managing an
organization or | 181 |
organizations of substantial size and complexity. The
governor | 182 |
shall appoint the administrator as provided in section 121.03 of | 183 |
the
Revised Code, and the administrator shall
serve at the | 184 |
pleasure of the governor. The governor shall fix the | 185 |
administrator's salary
on the basis of the administrator's | 186 |
experience and the administrator's
responsibilities and duties | 187 |
under this
chapter and Chapters 4123., 4127., and 4131. of
the | 188 |
Revised Code. The governor shall not appoint to the position of | 189 |
administrator any person who has, or whose spouse
has, given a | 190 |
contribution to the campaign committee of the governor in
an | 191 |
amount greater than one thousand dollars during the two-year | 192 |
period
immediately preceding the date of the appointment of the | 193 |
administrator. | 194 |
The administrator shall hold no other public office and shall | 195 |
devote
full time to the duties of administrator.
Before entering | 196 |
upon the duties of the office, the
administrator shall take an | 197 |
oath of office as required by
sections 3.22 and 3.23 of the | 198 |
Revised Code, and shall file in the office of
the secretary of | 199 |
state, a bond signed by the administrator and by surety
approved | 200 |
by the governor, for the sum of fifty thousand dollars payable to | 201 |
the
state, conditioned upon the faithful performance of the | 202 |
administrator's
duties. | 203 |
(1) Establish the overall administrative policy
of the bureau | 209 |
for the purposes of this chapter and Chapters 4123.,
4127., and | 210 |
4131. of the Revised Code, and perform all acts and exercise all | 211 |
authorities
and powers, discretionary and otherwise that are | 212 |
required
of or vested in the bureau or any of its employees in | 213 |
this chapter and
Chapters 4123., 4127., and 4131. of the Revised | 214 |
Code, except the acts and the
exercise of authority and power that | 215 |
is required of and
vested in the oversight commission or the | 216 |
industrial commission pursuant to
those chapters. The treasurer
of | 217 |
state shall honor all warrants signed by the administrator, or
by | 218 |
one or more of the administrator's employees, authorized
by the | 219 |
administrator
in writing, or bearing the facsimile signature of | 220 |
the
administrator or such employee under sections 4123.42 and | 221 |
4123.44
of the Revised Code. | 222 |
(2) Employ, direct, and supervise all employees required
in | 223 |
connection with the performance of the duties assigned to the | 224 |
bureau by this chapter and Chapters 4123., 4127., and 4131. of
the | 225 |
Revised Code, and may establish job classification plans and | 226 |
compensation for all employees of the bureau provided that this | 227 |
grant of authority shall not be construed as affecting any | 228 |
employee for whom the state employment relations board has | 229 |
established an appropriate bargaining unit under section 4117.06 | 230 |
of the Revised Code. All positions of employment in the bureau
are | 231 |
in the classified civil service except those employees the | 232 |
administrator may appoint to serve at the administrator's
pleasure | 233 |
in the unclassified civil service pursuant to section
124.11 of | 234 |
the Revised Code. The administrator shall fix the salaries of | 235 |
employees the administrator appoints to serve at
the | 236 |
administrator's pleasure, including the chief operating
officer, | 237 |
staff physicians, and other senior management personnel of the | 238 |
bureau and shall establish the compensation of staff attorneys of | 239 |
the
bureau's legal section and their immediate supervisors, and | 240 |
take whatever
steps are necessary to provide adequate compensation | 241 |
for other staff
attorneys. | 242 |
The administrator may appoint a person holding a certified | 243 |
position in the classified service to any state position in the | 244 |
unclassified service of the bureau of workers' compensation. A | 245 |
person so appointed shall retain the right to resume the
position | 246 |
and status held by the person in the classified service | 247 |
immediately prior to the person's appointment in the
unclassified | 248 |
service. If the position the person previously
held has been | 249 |
filled or placed in the unclassified service, or
is otherwise | 250 |
unavailable, the person shall be appointed to a
position in the | 251 |
classified service within the bureau that the
department of | 252 |
administrative services certifies is comparable in compensation
to | 253 |
the position the person previously held. Reinstatement to a | 254 |
position in the classified service shall be to a position | 255 |
substantially equal to that held previously, as certified by the | 256 |
department of administrative services. Service in the position in | 257 |
the
unclassified
service shall be counted as service in the | 258 |
position in the
classified service held by the person immediately | 259 |
prior to the
person's appointment in the unclassified service. | 260 |
When a
person
is reinstated to a position in the classified | 261 |
service as provided in this section, the person is entitled to
all | 262 |
rights, status, and benefits accruing to the position during
the | 263 |
person's time of service in the position in the unclassified | 264 |
service. | 265 |
(3) Reorganize the work of the bureau, its sections, | 266 |
departments, and offices to the extent necessary to achieve the | 267 |
most efficient performance of its functions and to that end may | 268 |
establish, change, or abolish positions and assign and reassign | 269 |
duties and responsibilities of every employee of the bureau. All | 270 |
persons employed by the commission in positions that, after | 271 |
November 3, 1989, are supervised and directed by the
administrator | 272 |
under this section are transferred to the bureau in
their | 273 |
respective classifications but subject to reassignment and | 274 |
reclassification of position and compensation as the
administrator | 275 |
determines to be in the interest of efficient
administration. The | 276 |
civil service status of any person employed
by the commission is | 277 |
not affected by this section. Personnel
employed by the bureau or | 278 |
the commission who are subject to
Chapter 4117. of the Revised | 279 |
Code shall retain all of their
rights and benefits conferred | 280 |
pursuant to that chapter as it
presently exists or is hereafter | 281 |
amended and nothing in this
chapter or Chapter 4123. of the | 282 |
Revised Code shall be construed
as eliminating or interfering with | 283 |
Chapter 4117. of the Revised
Code or the rights and benefits | 284 |
conferred under that chapter to
public employees or to any | 285 |
bargaining unit. | 286 |
(5) Prepare and submit to the oversight commission | 292 |
information the
administrator considers pertinent or the oversight | 293 |
commission
requires, together
with the administrator's | 294 |
recommendations, in the form of
administrative rules, for the | 295 |
advice and consent of
the oversight commission, for | 296 |
classifications of occupations or industries, for premium rates | 297 |
and contributions, for the amount to be credited to the surplus | 298 |
fund, for rules and systems of rating, rate revisions, and merit | 299 |
rating. The administrator shall obtain, prepare, and submit any | 300 |
other information the oversight commission requires for
the prompt | 301 |
and efficient discharge of its duties. | 302 |
(7) Exercise the investment powers vested in the | 309 |
administrator by section 4123.44 of the Revised Code in
accordance | 310 |
with the investment objectives, policies, and
criteria established | 311 |
by the oversight commission
pursuant to section 4121.12 of the | 312 |
Revised Code. The administrator shall not
engage in any
prohibited | 313 |
investment activity specified by the oversight commission pursuant | 314 |
to division (F)(6) of section 4121.12 of the Revised Code. All | 315 |
business
shall be transacted, all funds invested, all warrants for | 316 |
money drawn and
payments made, and all cash and securities and | 317 |
other property held, in the
name of the bureau, or in the name of | 318 |
its nominee, provided that nominees are
authorized by the | 319 |
administrator solely for
the purpose of facilitating the transfer | 320 |
of securities, and restricted to
the administrator and designated | 321 |
employees. | 322 |
(9) Purchase supplies, materials, equipment, and services; | 326 |
make contracts
for, operate, and superintend the telephone, other | 327 |
telecommunication,
and computer services for the use of the | 328 |
bureau; and make
contracts in connection with office reproduction, | 329 |
forms
management, printing, and other services. Notwithstanding | 330 |
sections 125.12
to 125.14 of the Revised Code, the administrator | 331 |
may transfer surplus computers and computer
equipment directly to | 332 |
an accredited public school within the state. The
computers and | 333 |
computer equipment may be repaired or refurbished prior to the | 334 |
transfer. | 335 |
(11) As promptly as possible in the course of efficient | 344 |
administration, decentralize and relocate such of the personnel | 345 |
and activities of the bureau as is appropriate to the end that
the | 346 |
receipt, investigation, determination, and payment of claims
may | 347 |
be undertaken at or near the place of injury or the residence
of | 348 |
the claimant and for that purpose establish regional offices,
in | 349 |
such places as the administrator considers proper, capable
of | 350 |
discharging as
many of the functions of the bureau as is | 351 |
practicable so as to
promote prompt and efficient administration | 352 |
in the processing of
claims. All active and inactive lost-time | 353 |
claims files shall be
held at the service office responsible for | 354 |
the claim. A
claimant, at the claimant's request, shall be | 355 |
provided with
information by
telephone as to the location of the | 356 |
file pertaining to claim. The
administrator shall ensure that all | 357 |
service office employees
report directly to the director for their | 358 |
service office. | 359 |
(19) Comply with section 3517.13 of the Revised Code, and | 417 |
except in regard to contracts entered into pursuant to
the | 418 |
authority contained in section 4121.44 of the Revised Code,
comply | 419 |
with the competitive bidding
procedures set forth in the Revised | 420 |
Code for all contracts into
which the administrator enters | 421 |
provided that those contracts
fall within the type of contracts | 422 |
and dollar amounts specified in the Revised
Code for competitive | 423 |
bidding and further provided that those contracts are not | 424 |
otherwise specifically exempt from the competitive bidding | 425 |
procedures
contained in the Revised Code. | 426 |
(D)(1) Information contained in a
vendor's application for | 503 |
certification in the health partnership program, and
other | 504 |
information
furnished to the bureau by a vendor for purposes of | 505 |
obtaining certification or
to comply with performance and | 506 |
financial auditing requirements established by
the
adminstrator | 507 |
administrator,
is for the exclusive use and information
of the | 508 |
bureau in the
discharge of its official duties, and shall not be | 509 |
open to the
public or be used in any court in any proceeding | 510 |
pending therein,
unless the bureau is a party to the action or | 511 |
proceeding, but the
information may be tabulated and published by | 512 |
the bureau in
statistical form for the use and information of | 513 |
other state
departments and the public. No employee of the bureau, | 514 |
except as
otherwise authorized by the administrator, shall divulge | 515 |
any
information secured by the employee while in the employ of the | 516 |
bureau in respect to a vendor's application for certification or | 517 |
in respect to the business or other trade processes of any vendor | 518 |
to any person other than the administrator or to the employee's | 519 |
superior. | 520 |
(2) Notwithstanding the restrictions imposed by division | 521 |
(D)(1)
of this section, the governor, members of select or | 522 |
standing committees of the
senate or house of representatives, the | 523 |
auditor
of state, the attorney general, or their designees, | 524 |
pursuant to the
authority granted in this chapter and Chapter | 525 |
4123. of the
Revised Code, may examine any vendor application
or | 526 |
other information furnished to the bureau by the vendor. None
of | 527 |
those individuals shall divulge any information secured in the | 528 |
exercise of that authority in respect to a vendor's application | 529 |
for certification or in respect to the business or other trade | 530 |
processes of any vendor to any person. | 531 |
(G) The administrator, six
months prior to the expiration of | 543 |
the bureau's
certification or recertification of the vendor or | 544 |
vendors as set forth
in division (B)(1) or (2) of this
section, | 545 |
may certify and provide evidence to the governor, the
speaker of | 546 |
the house of representatives, and the president of the
senate that | 547 |
the existing bureau staff is able to match or exceed
the | 548 |
performance and outcomes of the external vendor or vendors
and | 549 |
that the bureau should be permitted to internally administer
the | 550 |
health partnership program upon the expiration of
the | 551 |
certification or recertification as set forth in
division (B)(1) | 552 |
or (2) of this section. | 553 |
(J) In areas outside the state or within the state where
no | 578 |
qualified health plan or an inadequate number of providers
within | 579 |
the health partnership program exist, the administrator
shall | 580 |
permit employees to use a nonplan or nonprogram health care | 581 |
provider and shall pay the provider for the services or supplies | 582 |
provided to or on behalf of an employee for an injury or | 583 |
occupational disease that is compensable under this chapter or | 584 |
Chapter 4123., 4127., or 4131. of the Revised Code on a fee | 585 |
schedule the administrator adopts. | 586 |
(L) The administrator shall permit any employer or group
of | 593 |
employers who agree to abide by the rules adopted under this | 594 |
section and sections 4121.441 and 4121.442 of the Revised Code to | 595 |
provide services or supplies to or on behalf of an employee for
an | 596 |
injury or occupational disease that is compensable under this | 597 |
chapter or Chapter 4123., 4127., or 4131. of the Revised Code | 598 |
through qualified health plans of the Ohio workers' compensation | 599 |
qualified health plan system pursuant to section 4121.442 of the | 600 |
Revised Code or through the health partnership program pursuant
to | 601 |
section 4121.441 of the Revised Code. No amount paid under
the | 602 |
qualified health plan system pursuant to section 4121.442 of
the | 603 |
Revised Code by an employer who is a state fund employer
shall be | 604 |
charged to the employer's experience or otherwise be
used in | 605 |
merit-rating or determining the risk of that employer for
the | 606 |
purpose of the payment of premiums under this chapter, and if
the | 607 |
employer is a self-insuring employer, the employer shall not | 608 |
include that amount in the paid compensation the employer
reports | 609 |
under section 4123.35 of the Revised Code. | 610 |
(a) Every person in the service of the state, or of any | 613 |
county, municipal corporation, township, or school district | 614 |
therein, including regular members of lawfully constituted police | 615 |
and fire departments of municipal corporations and townships, | 616 |
whether paid or volunteer, and wherever serving within the state | 617 |
or on temporary assignment outside thereof, and executive officers | 618 |
of boards of education, under any appointment or contract of hire, | 619 |
express or implied, oral or written, including any elected | 620 |
official of the state, or of any county, municipal corporation, or | 621 |
township, or members of boards of education. | 622 |
(b) Every person in the service of any person, firm, or | 643 |
private corporation, including any public service corporation, | 644 |
that (i) employs one or more persons regularly in the same | 645 |
business or in or about the same establishment under any contract | 646 |
of hire, express or implied, oral or written, including aliens and | 647 |
minors, household workers who earn one hundred sixty dollars or | 648 |
more in cash in any calendar quarter from a single household and | 649 |
casual workers who earn one hundred sixty dollars or more in cash | 650 |
in any calendar quarter from a single employer, or (ii) is bound | 651 |
by any such contract of hire or by any other written contract, to | 652 |
pay into the state insurance fund the premiums provided by this | 653 |
chapter. | 654 |
Every person in the service of any independent contractor or | 701 |
subcontractor who has failed to pay into the state insurance fund | 702 |
the amount of premium determined and fixed by the administrator of | 703 |
workers' compensation for the person's employment or occupation or | 704 |
if a self-insuring employer has failed to pay compensation and | 705 |
benefits directly to the employer's injured and to the dependents | 706 |
of the employer's killed employees as required by section 4123.35 | 707 |
of the Revised Code, shall be considered as the employee of the | 708 |
person who has entered into a contract, whether written or verbal, | 709 |
with such independent contractor unless such employees or their | 710 |
legal representatives or beneficiaries elect, after injury or | 711 |
death, to regard such independent contractor as the employer. | 712 |
Any employer may elect to include as an "employee" within | 723 |
this chapter, any person excluded from the definition of | 724 |
"employee" pursuant to division (A)(2) of this section. If an | 725 |
employer is a partnership, sole proprietorship, or family farm | 726 |
corporation, such employer may elect to include as an "employee" | 727 |
within this chapter, any member of such partnership, the owner of | 728 |
the sole proprietorship, or the officers of the family farm | 729 |
corporation. In the event of an election, the employer shall
serve | 730 |
upon the bureau of workers' compensation written notice
naming the | 731 |
persons to be covered, include such employee's
remuneration for | 732 |
premium purposes in all future payroll reports,
and no person | 733 |
excluded from the definition of "employee" pursuant
to division | 734 |
(A)(2) of this section, proprietor, or partner shall
be deemed an | 735 |
employee within this division until the employer has
served such | 736 |
notice. | 737 |
For informational purposes only, the bureau shall prescribe | 738 |
such language as it considers appropriate, on such of its forms as | 739 |
it considers appropriate, to advise employers of their right to | 740 |
elect to include as an "employee" within this chapter a sole | 741 |
proprietor, any member of a partnership, the officers of a family | 742 |
farm corporation, or a person excluded from the definition of | 743 |
"employee" under division (A)(2)(a) of this section, that they | 744 |
should check any health and disability insurance policy, or other | 745 |
form of health and disability plan or contract, presently covering | 746 |
them, or the purchase of which they may be considering, to | 747 |
determine whether such policy, plan, or contract excludes benefits | 748 |
for illness or injury that they might have elected to have covered | 749 |
by workers' compensation. | 750 |
(2) Every person, firm, and private corporation, including | 756 |
any public service corporation, that (a) has in service one or | 757 |
more employees regularly in the same business or in or about the | 758 |
same establishment under any contract of hire, express or implied, | 759 |
oral or written, or (b) is bound by any such contract of hire or | 760 |
by any other written contract, to pay into the insurance fund the | 761 |
premiums provided by this chapter. | 762 |
All such employers are subject to this chapter. Any member
of | 763 |
a firm or association, who regularly performs manual labor in
or | 764 |
about a mine, factory, or other establishment, including a | 765 |
household establishment, shall be considered an employee in | 766 |
determining whether such person, firm, or private corporation, or | 767 |
public service corporation, has in its service, one or more | 768 |
employees and the employer shall report the income derived from | 769 |
such labor to the bureau as part of the payroll of such employer, | 770 |
and such member shall thereupon be entitled to all the benefits of | 771 |
an employee. | 772 |
(E) "Family farm corporation" means a corporation founded
for | 788 |
the purpose of farming agricultural land in which the majority
of | 789 |
the voting stock is held by and the majority of the
stockholders | 790 |
are persons or the spouse of persons related to each
other within | 791 |
the fourth degree of kinship, according to the rules
of the civil | 792 |
law, and at least one of the related persons is
residing on or | 793 |
actively operating the farm, and none of whose
stockholders are a | 794 |
corporation. A family farm corporation does
not cease to qualify | 795 |
under this division where, by reason of any
devise, bequest, or | 796 |
the operation of the laws of descent or
distribution, the | 797 |
ownership of shares of voting stock is
transferred to another | 798 |
person, as long as that person is within
the degree of kinship | 799 |
stipulated in this division. | 800 |
Sec. 4123.15. (A) An employer who is a member of a recognized | 818 |
religious sect or division of a recognized religious sect and who | 819 |
is an adherent of established tenets or teachings of that sect or | 820 |
division by reason of which the employer is conscientiously | 821 |
opposed to benefits to employers and employees from any public or | 822 |
private insurance that makes payment in the event of death, | 823 |
disability, impairment, old age, or retirement or makes payments | 824 |
toward the cost of, or provides services in connection with the | 825 |
payment for, medical services, including the benefits from any | 826 |
insurance system established by the "Social Security Act," 42 | 827 |
U.S.C.A. 30l, et seq., may apply to the administrator of workers' | 828 |
compensation to be excepted from payment of premiums and other | 829 |
charges assessed under this chapter and Chapter 4121. of the | 830 |
Revised Code with respect to, or if the employer is a | 831 |
self-insuring employer, from payment of direct compensation and | 832 |
benefits to and assessments required by this chapter and Chapter | 833 |
4121. of the Revised Code on account of, an individual employee | 834 |
who meets the requirements of this section. The employer shall | 835 |
make an application on forms provided by the bureau of workers' | 836 |
compensation which forms may be those used by or similar to those | 837 |
used by the United States internal revenue service for the purpose | 838 |
of granting an exemption from payment of social security taxes | 839 |
under 26 U.S.C.A. 1402(g) of the Internal Revenue Code, and shall | 840 |
include a written waiver signed by the individual employee to be | 841 |
excepted from all the benefits and compensation provided in this | 842 |
chapter and Chapter 4121. of the Revised Code. | 843 |
The application also shall include affidavits signed by the | 844 |
employer and the individual employee that the employer and the | 845 |
individual employee are members of a recognized religious sect or | 846 |
division of a recognized religious sect and are adherents of | 847 |
established tenets or teaching of that sect or division by reason | 848 |
of which the employer and the individual employee are | 849 |
conscientiously opposed to benefits to employers and employees | 850 |
received from any public or private insurance that makes payments | 851 |
in the event of death, disability, impairment, old age, or | 852 |
retirement or makes payments toward the cost of, or provides | 853 |
services in connection with the payment for, medical services, | 854 |
including the benefits from any insurance system established by | 855 |
the "Social Security Act," 42 U.S.C.A. 301, et seq. If the | 856 |
individual is a minor, the guardian of the minor shall complete | 857 |
the waiver and affidavit required by this division. | 858 |
(B) The administrator shall grant the waiver and exception to | 859 |
the employer for a particular individual employee if the | 860 |
administrator finds that the employer and the individual employee | 861 |
are members of a sect or division having the established tenets or | 862 |
teachings described in division (A) of this section, that it is | 863 |
the practice, and has been for a substantial number of years, for | 864 |
members of the sect or division of the sect to make provision for | 865 |
their dependent members which, in the administrator's judgment, is | 866 |
reasonable in view of their general level of hiring, and that the | 867 |
sect or division of the sect has been in existence at all times | 868 |
since December 31, 1950. | 869 |
(C) A waiver and exception under division (B) of this section | 870 |
is effective on the date the administrator grants the waiver and | 871 |
exception. An employer who complies with this chapter and the | 872 |
employer's other employees, with respect to an individual employee | 873 |
for whom the administrator grants the waiver and exception, are | 874 |
entitled, as to that individual employee and as to all injuries | 875 |
and occupational diseases of the individual employee that occurred | 876 |
prior to the effective date of the waiver and exception, to the | 877 |
protections of sections 4123.74 and 4123.741 of the Revised Code. | 878 |
On and after the effective date of the waiver and exception, the | 879 |
employer is not liable for the payment of any premiums or other | 880 |
charges assessed under this chapter or Chapter 4121. of the | 881 |
Revised Code, or if the individual is a self-insuring employer, | 882 |
the employer is not liable for the payment of any compensation or | 883 |
benefits directly or other charges assessed under this chapter or | 884 |
Chapter 4121. of the Revised Code in regard to that individual | 885 |
employee, and is considered a complying employer under those | 886 |
chapters, and the employer and the employer's other employees are | 887 |
entitled to the protections of sections 4123.74 and 4123.741 of | 888 |
the Revised Code, as to that individual employee, and as to | 889 |
injuries and occupational diseases of that individual employee | 890 |
that occur on and after the effective date of the waiver and | 891 |
exception. | 892 |
(D) A waiver and exception granted in regard to a specific | 893 |
employer and individual employee are valid for all future years | 894 |
unless the administrator determines that the employer, individual | 895 |
employee, or sect or division ceases to meet the requirements of | 896 |
this section. If the administrator makes this determination, the | 897 |
employer is liable for the payment of premiums and other charges | 898 |
assessed under this chapter and Chapter 4121. of the Revised Code, | 899 |
or if the employer is a self-insuring employer, the employer is | 900 |
liable for the payment of compensation and benefits directly and | 901 |
other charges assessed under those chapters, in regard to the | 902 |
individual employee for all injuries and occupational diseases of | 903 |
that individual that occur on and after the date of the | 904 |
administrator's determination, and the individual employee is | 905 |
entitled to all of the benefits and compensation provided in those | 906 |
chapters for an injury or occupational disease that occurs on or | 907 |
after the date of the administrator's determination. | 908 |
Sec. 4123.342. (A) The administrator of workers' | 922 |
compensation shall allocate among counties and taxing districts | 923 |
therein as a class, the state and its instrumentalities as a | 924 |
class, private employers who are insured under the private fund
as | 925 |
a class, and self-insuring employers as a class their fair
shares | 926 |
of the administrative costs which are to be borne by such | 927 |
employers under division (D) of section 4123.341 of the Revised | 928 |
Code, separately allocating to each class those costs solely | 929 |
attributable to
the activities of the industrial commission, and | 930 |
those costs solely attributable to the activities of the workers' | 931 |
compensation oversight commission, and the bureau of workers' | 932 |
compensation in
respect of the class, allocating to any | 933 |
combination of classes those costs
attributable to the activities | 934 |
of the industrial commission, oversight
commission, or bureau in | 935 |
respect of the classes, and allocating to all four
classes those | 936 |
costs attributable to the activities of the industrial
commission, | 937 |
oversight commission, and bureau in respect of all classes. The | 938 |
administrator shall separately calculate each employer's | 939 |
assessment in the
class, except self-insuring employers, on the | 940 |
basis of the following three
factors: payroll, paid compensation, | 941 |
and paid medical costs of the employer for those costs solely | 942 |
attributable to the activities of the oversight commission and the | 943 |
bureau. The administrator shall separately calculate each | 944 |
employer's assessment in the class, except self-insuring | 945 |
employers, on the basis of the following three factors: payroll, | 946 |
paid compensation, and paid medical costs of the employer for | 947 |
those costs solely attributable to the activities of the | 948 |
industrial commission.
The administrator shall separately | 949 |
calculate each self-insuring
employer's assessment in accordance | 950 |
with section 4123.35 of the
Revised Code for those costs solely | 951 |
attributable to the activities of the oversight commission and the | 952 |
bureau. The administrator shall separately calculate each | 953 |
self-insuring employer's assessment in accordance with section | 954 |
4123.35 of the Revised Code for those costs solely attributable to | 955 |
the activities of the industrial commission. In a timely manner, | 956 |
the industrial commission shall provide to the administrator, the | 957 |
information necessary for the administrator to allocate and | 958 |
calculate, with the approval of the chairperson of the industrial | 959 |
commission, for each class of employer as described in this | 960 |
division, the costs solely attributable to the activities of the | 961 |
industrial commission. | 962 |
(B) The administrator shall divide the administrative cost | 963 |
assessments collected by the administrator into two administrative | 964 |
assessment accounts within the state insurance fund. One of the | 965 |
administrative assessment accounts shall consist of the | 966 |
administrative cost assessment collected by the administrator for | 967 |
the industrial commission. The other administrative assessment | 968 |
account shall consist of the administrative cost assessments | 969 |
collected by the administrator for the bureau and the workers' | 970 |
compensation oversight commission. The administrator may invest | 971 |
the administrative cost assessments in these accounts on behalf of | 972 |
the bureau and the industrial commission as authorized in section | 973 |
4123.44 of the Revised Code. In a timely manner, the administrator | 974 |
shall provide to the industrial commission the information and | 975 |
reports the commission deems necessary for the commission to | 976 |
monitor the receipts and the disbursements from the administrative | 977 |
assessment account for the industrial commission. | 978 |
(C) The administrator or the administrator's designee shall | 979 |
transfer moneys as necessary from the administrative assessment | 980 |
account identified for the bureau and the workers' compensation | 981 |
oversight commission to the workers' compensation fund for the use | 982 |
of the bureau and the oversight commission. As necessary and upon | 983 |
the authorization of the industrial commission, the administrator | 984 |
or the administrator's designee shall transfer moneys from the | 985 |
administrative assessment account identified for the industrial | 986 |
commission to the industrial commission operating fund created | 987 |
under section 4121.021 of the Revised Code. To the extent that the | 988 |
moneys collected by the
administrator in any fiscal biennium of | 989 |
the state equal the sum
appropriated by the general assembly for | 990 |
administrative costs of
the industrial commission, oversight | 991 |
commission, and bureau for
the biennium, the moneys shall be paid | 992 |
into the workers' compensation fund and the industrial commission | 993 |
operating fund of
the state
and any remainder shall be retained in | 994 |
the state insurance fund
and applied to reduce the amount | 995 |
collected during the next
biennium. Sections 4123.41, 4123.35, and | 996 |
4123.37 of the Revised
Code apply to the collection of assessments | 997 |
from public and
private employers respectively, except that for | 998 |
boards of county
hospital trustees that are self-insuring | 999 |
employers, only those
provisions applicable to the collection of | 1000 |
assessments for
private employers apply. | 1001 |
The foregoing appropriation item 855-401, William Green Lease | 1044 |
Payments to OBA,
shall be used for lease payments to the Ohio | 1045 |
Building Authority, and these
appropriations shall be used to meet | 1046 |
all payments at the times they are
required to be made during the | 1047 |
period from July 1, 2004, to June 30, 2005, by
the Bureau of | 1048 |
Workers' Compensation to the Ohio Building Authority pursuant to | 1049 |
leases and agreements made under Chapter 152. of the Revised Code | 1050 |
and Section
6 of Am. Sub. H.B. 743 of the 118th General Assembly. | 1051 |
Of the amounts received
in Fund 023, appropriation item 855-401, | 1052 |
up to $37,974,226 shall be
restricted for lease rental payments to | 1053 |
the Ohio Building Authority. If it is
determined that additional | 1054 |
appropriations are necessary for such purpose, such
amounts are | 1055 |
hereby appropriated. | 1056 |
Notwithstanding any provision of law to the contrary, the | 1077 |
Director of Budget
and Management shall make any transfers of cash | 1078 |
balances between funds made
necessary by the creation of new
funds | 1079 |
or the consolidation of funds as
authorized by the General | 1080 |
Assembly. Within the first five days after the
effective date of | 1081 |
this section, the head of the Industrial Commission shall certify | 1082 |
to
the Director of Budget and Management the amount of the cash | 1083 |
balance to be
transferred
to the Industrial Commission Operating | 1084 |
Fund (Fund 5W3). The Director of Budget and Management may | 1085 |
transfer the amount. Within thirty days
after the effective date | 1086 |
of this
section, the
head of the Industrial Commission shall | 1087 |
certify the final transfer amount to the
Director of Budget and | 1088 |
Management. The Director
shall transfer the cash from the Workers' | 1089 |
Compensation Fund (Fund 023) to the Industrial Commission | 1090 |
Operating Fund (Fund 5W3). | 1091 |
To implement funding changes as described above
pertaining to | 1092 |
prior year
encumbrance balances and commensurate
appropriation | 1093 |
authority, in fiscal year
2004 the Director of
Budget and | 1094 |
Management may cancel encumbrances
outstanding on June
30, 2003, | 1095 |
and reestablish such prior year encumbrances or
parts of | 1096 |
encumbrances as needed in fiscal year 2004 in the appropriate fund | 1097 |
or
appropriation item as authorized in this act for the same | 1098 |
purpose and to
the same vendor. As determined by the director,
the | 1099 |
appropriation authority
necessary to reestablish such prior
year | 1100 |
encumbrances in fiscal year 2004 in
a different fund or | 1101 |
appropriation item within an agency or between
agencies is | 1102 |
authorized. The director shall reduce each prior year's | 1103 |
appropriation authority by the amount of the encumbrances canceled | 1104 |
in their
respective funds and appropriation items. | 1105 |
On July 1, 2003, or as soon thereafter as possible, the | 1126 |
Director of Budget and Management shall transfer the amount | 1127 |
certified by the Ohio Industrial Commission from Fund 023 to Fund | 1128 |
5W3. Any existing encumbrances in appropriation items 845-321, | 1129 |
Operating Expenses; 845-402, Rent - William Green Building; and | 1130 |
845-410, Attorney General Payments, under Fund 023 shall be | 1131 |
canceled and re-established against appropriation items 845-321, | 1132 |
Operating Expenses; 845-402, Rent - William Green Building; and | 1133 |
845-410, Attorney General Payments, under Fund 5W3, respectively. | 1134 |
The amounts of the re-established encumbrances are hereby | 1135 |
appropriated. | 1136 |
Section 5. The Director of the Legislative Service Commission | 1137 |
shall renumber the Bureau of Workers' Compensation safety and | 1138 |
hygiene rules currently bearing Administrative Code division-level | 1139 |
designation 4121:1 so that the rules bear instead division-level | 1140 |
designation 4123:1. Thereafter, division-level designation 4123:1 | 1141 |
constitutes an official part of the official Administrative Code | 1142 |
rule numbers of the Bureau of Workers' Compensation safety and | 1143 |
hygiene rules, and a reference in a statute, rule, contract, or | 1144 |
other document to a safety and hygiene rule bearing Administrative | 1145 |
Code division-level designation 4121:1 is deemed to refer to the | 1146 |
same rule as officially renumbered pursuant to this section. | 1147 |
Section 7. Sections 2305.24, 2305.25, 4121.121, 4121.44, | 1152 |
4123.01, 4123.31, 4123.342, and 4123.80 of the Revised Code as | 1153 |
amended by this act and sections 4121.021 and 4123.15 of the | 1154 |
Revised Code as enacted by this act are subject to the referendum. | 1155 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 1156 |
section 1.471 of the Revised Code, the sections as amended or | 1157 |
enacted take effect on the ninety-first day after this act is | 1158 |
filed with the Secretary of State. If, however, a referendum | 1159 |
petition is filed against such a section as amended or enacted, or | 1160 |
against an item of which such a section is composed, the section | 1161 |
as amended or enacted or item, unless rejected at the referendum, | 1162 |
takes effect at the earliest time permitted by law. | 1163 |
Section 8. The uncodified sections of law contained in this | 1164 |
act, and the items of law of which the uncodified sections of law | 1165 |
contained in this act are composed, are not subject to the | 1166 |
referendum. Therefore, under Ohio Constitution, Article II, | 1167 |
Section 1d and section 1.471 of the Revised Code, the uncodified | 1168 |
sections of law contained in this act, and the items of law of | 1169 |
which the uncodified sections of law contained in this act are | 1170 |
composed, go into immediate effect when this act becomes law. | 1171 |
Section 11. If any item of law that constitutes the whole or | 1184 |
part of a codified or uncodified section of law contained in this | 1185 |
act, or if any application of any item of law that constitutes the | 1186 |
whole or part of a codified or uncodified section of law contained | 1187 |
in this act, is held invalid, the invalidity does not affect other | 1188 |
times of law or applications of items of law that can be given | 1189 |
effect without the invalid item of law or application. To this | 1190 |
end, the items of law of which the codified and uncodified | 1191 |
sections of law contained in this act are composed, and their | 1192 |
applications, are independent and severable. | 1193 |