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To amend sections 111.15, 3702.11, 3702.16, 3702.18, | 1 |
3727.11, 3727.12, 3727.14, and 3727.16, to amend | 2 |
for the purpose of adopting new section numbers as | 3 |
indicated in parentheses sections 3727.11 | 4 |
(3727.34), 3727.12 (3727.42), 3727.121 (3727.43), | 5 |
3727.14 (3727.36), and 3727.16 (3727.45), to enact | 6 |
sections 3727.31, 3727.311, 3727.312, 3727.313, | 7 |
3727.32, 3727.321, 3727.33, 3727.331, 3727.35, | 8 |
3727.37, 3727.38, 3727.39, 3727.391, 3727.40, | 9 |
3727.41, and 3727.44, and to repeal sections | 10 |
3727.13 and 3727.15 of the Revised Code concerning | 11 |
the submission of information by hospitals about | 12 |
their performance in meeting certain measures and | 13 |
their charges for services. | 14 |
Section 1. That sections 111.15, 3702.11, 3702.16, 3702.18, | 15 |
3727.11, 3727.12, 3727.14, and 3727.16 be amended, sections | 16 |
3727.11 (3727.34), 3727.12 (3727.42), 3727.121 (3727.43), 3727.14 | 17 |
(3727.36), and 3727.16 (3727.45) be amended for the purpose of | 18 |
adopting new section numbers as indicated in parentheses, and | 19 |
sections 3727.31, 3727.311, 3727.312, 3727.313, 3727.32, 3727.321, | 20 |
3727.33, 3727.331, 3727.35, 3727.37, 3727.38, 3727.39, 3727.391, | 21 |
3727.40, 3727.41, and 3727.44 of the Revised Code be enacted to | 22 |
read as follows: | 23 |
Sec. 111.15. (A) As used in this section: | 24 |
(1) "Rule" includes any rule, regulation, bylaw, or standard | 25 |
having a general and uniform operation adopted by an agency under | 26 |
the authority of the laws governing the agency; any appendix to a | 27 |
rule; and any internal management rule. "Rule" does not include | 28 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 29 |
Code, any order respecting the duties of employees, any finding, | 30 |
any determination of a question of law or fact in a matter | 31 |
presented to an agency, or any rule promulgated pursuant to | 32 |
Chapter 119., section 4141.14, division (C)(1) or (2) of section | 33 |
5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 34 |
any amendment or rescission of a rule. | 35 |
(2) "Agency" means any governmental entity of the state and | 36 |
includes, but is not limited to, any board, department, division, | 37 |
commission, bureau, society, council, institution, state college | 38 |
or university, community college district, technical college | 39 |
district, or state community college. "Agency" does not include | 40 |
the general assembly, the controlling board, the adjutant | 41 |
general's department, or any court. | 42 |
(3) "Internal management rule" means any rule, regulation, | 43 |
bylaw, or standard governing the day-to-day staff procedures and | 44 |
operations within an agency. | 45 |
(4) "Substantive revision" has the same meaning as in | 46 |
division (J) of section 119.01 of the Revised Code. | 47 |
(B)(1) Any rule, other than a rule of an emergency nature, | 48 |
adopted by any agency pursuant to this section shall be effective | 49 |
on the tenth day after the day on which the rule in final form and | 50 |
in compliance with division (B)(3) of this section is filed as | 51 |
follows: | 52 |
(a) The rule shall be filed in electronic form with both the | 53 |
secretary of state and the director of the legislative service | 54 |
commission; | 55 |
(b) The rule shall be filed in electronic form with the joint | 56 |
committee on agency rule review. Division (B)(1)(b) of this | 57 |
section does not apply to any rule to which division (D) of this | 58 |
section does not apply. | 59 |
An agency that adopts or amends a rule that is subject to | 60 |
division (D) of this section shall assign a review date to the | 61 |
rule that is not later than five years after its effective date. | 62 |
If no review date is assigned to a rule, or if a review date | 63 |
assigned to a rule exceeds the five-year maximum, the review date | 64 |
for the rule is five years after its effective date. A rule with a | 65 |
review date is subject to review under section 119.032 of the | 66 |
Revised Code. This paragraph does not apply to a rule of a state | 67 |
college or university, community college district, technical | 68 |
college district, or state community college. | 69 |
If all filings are not completed on the same day, the rule | 70 |
shall be effective on the tenth day after the day on which the | 71 |
latest filing is completed. If an agency in adopting a rule | 72 |
designates an effective date that is later than the effective date | 73 |
provided for by division (B)(1) of this section, the rule if filed | 74 |
as required by such division shall become effective on the later | 75 |
date designated by the agency. | 76 |
Any rule that is required to be filed under division (B)(1) | 77 |
of this section is also subject to division (D) of this section if | 78 |
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or | 79 |
(8) of this section. | 80 |
If a rule incorporates a text or other material by reference, | 81 |
the agency shall comply with sections 121.71 to 121.76 of the | 82 |
Revised Code. | 83 |
(2) A rule of an emergency nature necessary for the immediate | 84 |
preservation of the public peace, health, or safety shall state | 85 |
the reasons for the necessity. The emergency rule, in final form | 86 |
and in compliance with division (B)(3) of this section, shall be | 87 |
filed in electronic form with the secretary of state, the director | 88 |
of the legislative service commission, and the joint committee on | 89 |
agency rule review. The emergency rule is effective immediately | 90 |
upon completion of the latest filing, except that if the agency in | 91 |
adopting the emergency rule designates an effective date, or date | 92 |
and time of day, that is later than the effective date and time | 93 |
provided for by division (B)(2) of this section, the emergency | 94 |
rule if filed as required by such division shall become effective | 95 |
at the later date, or later date and time of day, designated by | 96 |
the agency. | 97 |
An emergency rule becomes invalid at the end of the ninetieth | 98 |
day it is in effect. Prior to that date, the agency may file the | 99 |
emergency rule as a nonemergency rule in compliance with division | 100 |
(B)(1) of this section. The agency may not refile the emergency | 101 |
rule in compliance with division (B)(2) of this section so that, | 102 |
upon the emergency rule becoming invalid under such division, the | 103 |
emergency rule will continue in effect without interruption for | 104 |
another ninety-day period. | 105 |
(3) An agency shall file a rule under division (B)(1) or (2) | 106 |
of this section in compliance with the following standards and | 107 |
procedures: | 108 |
(a) The rule shall be numbered in accordance with the | 109 |
numbering system devised by the director for the Ohio | 110 |
administrative code. | 111 |
(b) The rule shall be prepared and submitted in compliance | 112 |
with the rules of the legislative service commission. | 113 |
(c) The rule shall clearly state the date on which it is to | 114 |
be effective and the date on which it will expire, if known. | 115 |
(d) Each rule that amends or rescinds another rule shall | 116 |
clearly refer to the rule that is amended or rescinded. Each | 117 |
amendment shall fully restate the rule as amended. | 118 |
If the director of the legislative service commission or the | 119 |
director's designee gives an agency notice pursuant to section | 120 |
103.05 of the Revised Code that a rule filed by the agency is not | 121 |
in compliance with the rules of the legislative service | 122 |
commission, the agency shall within thirty days after receipt of | 123 |
the notice conform the rule to the rules of the commission as | 124 |
directed in the notice. | 125 |
(C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 126 |
of this section shall be recorded by the secretary of state and | 127 |
the director under the title of the agency adopting the rule and | 128 |
shall be numbered according to the numbering system devised by the | 129 |
director. The secretary of state and the director shall preserve | 130 |
the rules in an accessible manner. Each such rule shall be a | 131 |
public record open to public inspection and may be transmitted to | 132 |
any law publishing company that wishes to reproduce it. | 133 |
(D) At least sixty-five days before a board, commission, | 134 |
department, division, or bureau of the government of the state | 135 |
files a rule under division (B)(1) of this section, it shall file | 136 |
the full text of the proposed rule in electronic form with the | 137 |
joint committee on agency rule review, and the proposed rule is | 138 |
subject to legislative review and invalidation under division (I) | 139 |
of section 119.03 of the Revised Code. If a state board, | 140 |
commission, department, division, or bureau makes a substantive | 141 |
revision in a proposed rule after it is filed with the joint | 142 |
committee, the state board, commission, department, division, or | 143 |
bureau shall promptly file the full text of the proposed rule in | 144 |
its revised form in electronic form with the joint committee. The | 145 |
latest version of a proposed rule as filed with the joint | 146 |
committee supersedes each earlier version of the text of the same | 147 |
proposed rule. Except as provided in division (F) of this section, | 148 |
a state board, commission, department, division, or bureau shall | 149 |
also file the rule summary and fiscal analysis prepared under | 150 |
section 121.24 or 127.18 of the Revised Code, or both, in | 151 |
electronic form along with a proposed rule, and along with a | 152 |
proposed rule in revised form, that is filed under this division. | 153 |
As used in this division, "commission" includes the public | 154 |
utilities commission when adopting rules under a federal or state | 155 |
statute. | 156 |
This division does not apply to any of the following: | 157 |
(1) A proposed rule of an emergency nature; | 158 |
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 159 |
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 160 |
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 161 |
Code; | 162 |
(3) A rule proposed by an agency other than a board, | 163 |
commission, department, division, or bureau of the government of | 164 |
the state; | 165 |
(4) A proposed internal management rule of a board, | 166 |
commission, department, division, or bureau of the government of | 167 |
the state; | 168 |
(5) Any proposed rule that must be adopted verbatim by an | 169 |
agency pursuant to federal law or rule, to become effective within | 170 |
sixty days of adoption, in order to continue the operation of a | 171 |
federally reimbursed program in this state, so long as the | 172 |
proposed rule contains both of the following: | 173 |
(a) A statement that it is proposed for the purpose of | 174 |
complying with a federal law or rule; | 175 |
(b) A citation to the federal law or rule that requires | 176 |
verbatim compliance. | 177 |
(6) An initial rule proposed by the director of health to | 178 |
impose safety standards | 179 |
180 | |
health service specified in section 3702.11 of the Revised Code, | 181 |
or an initial rule proposed by the director to impose quality | 182 |
standards on a facility listed in division (A)(4) of section | 183 |
3702.30 of the Revised Code, if section 3702.12 of the Revised | 184 |
Code requires that the rule be adopted under this section; | 185 |
(7) A rule of the state lottery commission pertaining to | 186 |
instant game rules. | 187 |
If a rule is exempt from legislative review under division | 188 |
(D)(5) of this section, and if the federal law or rule pursuant to | 189 |
which the rule was adopted expires, is repealed or rescinded, or | 190 |
otherwise terminates, the rule is thereafter subject to | 191 |
legislative review under division (D) of this section. | 192 |
(E) Whenever a state board, commission, department, division, | 193 |
or bureau files a proposed rule or a proposed rule in revised form | 194 |
under division (D) of this section, it shall also file the full | 195 |
text of the same proposed rule or proposed rule in revised form in | 196 |
electronic form with the secretary of state and the director of | 197 |
the legislative service commission. Except as provided in division | 198 |
(F) of this section, a state board, commission, department, | 199 |
division, or bureau shall file the rule summary and fiscal | 200 |
analysis prepared under section 121.24 or 127.18 of the Revised | 201 |
Code, or both, in electronic form along with a proposed rule or | 202 |
proposed rule in revised form that is filed with the secretary of | 203 |
state or the director of the legislative service commission. | 204 |
(F) Except as otherwise provided in this division, the | 205 |
auditor of state or the auditor of state's designee is not | 206 |
required to file a rule summary and fiscal analysis along with a | 207 |
proposed rule, or proposed rule in revised form, that the auditor | 208 |
of state proposes under section 117.12, 117.19, 117.38, or 117.43 | 209 |
of the Revised Code and files under division (D) or (E) of this | 210 |
section. If, however, the auditor of state or the designee | 211 |
prepares a rule summary and fiscal analysis of the original | 212 |
version of such a proposed rule for purposes of complying with | 213 |
section 121.24 of the Revised Code, the auditor of state or | 214 |
designee shall file the rule summary and fiscal analysis in | 215 |
electronic form along with the original version of the proposed | 216 |
rule filed under division (D) or (E) of this section. | 217 |
Sec. 3702.11. The director of health shall adopt rules | 218 |
establishing safety standards | 219 |
220 | |
following: | 221 |
(A) Solid organ and bone marrow transplantation; | 222 |
(B) Stem cell harvesting and reinfusion; | 223 |
(C) Cardiac catheterization; | 224 |
(D) Open-heart surgery; | 225 |
(E) Obstetric and newborn care; | 226 |
(F) Pediatric intensive care; | 227 |
(G) Operation of linear accelerators; | 228 |
(H) Operation of cobalt radiation therapy units; | 229 |
(I) Operation of gamma knives. | 230 |
Sec. 3702.16. The rules adopted under section 3702.11 of the | 231 |
Revised Code at a minimum shall specify the following: | 232 |
(A) A procedure that the director of health shall follow to | 233 |
update and revise safety and quality-of-care standards to account | 234 |
for technological advances; | 235 |
(B) The responsibilities of the department of health and of | 236 |
health care providers with
respect to | 237 |
monitoring and enforcing compliance with the safety and | 238 |
quality-of-care standards established by the rules; | 239 |
(C) | 240 |
241 | |
242 |
| 243 |
244 |
| 245 |
246 |
| 247 |
| 248 |
imposed under section 3702.20 of the Revised Code based on the | 249 |
severity of the violation. | 250 |
Sec. 3702.18. The director of health and any employee or | 251 |
contractor of the department of health shall not make public any | 252 |
quality-of-care data reported
to the department pursuant to | 253 |
rules adopted under section 3702.11 of the Revised Code, as that | 254 |
section existed immediately prior to the effective date of this | 255 |
amendment, or any record copied under section 3702.19 of the | 256 |
Revised Code, that identifies or would tend to identify specific | 257 |
patients. | 258 |
The director and any employee or contractor of the department | 259 |
shall not make public any data reported to the department pursuant | 260 |
to | 261 |
Code, as that section existed immediately prior to the effective | 262 |
date of this amendment, that | 263 |
adverse events, bodily injuries, or complaints. | 264 |
Sec. 3727.31. There is hereby created the hospital measures | 265 |
advisory council. The council shall consist of the following | 266 |
members: | 267 |
(A) The director of health; | 268 |
(B) The superintendent of insurance; | 269 |
(C) The executive director of the commission on minority | 270 |
health or the executive director's designee; | 271 |
(D) Two members of the house of representatives, from | 272 |
different political parties, appointed by the speaker of the house | 273 |
of representatives; | 274 |
(E) Two members of the senate, from different political | 275 |
parties, appointed by the president of the senate; | 276 |
(F) One representative of each of the following appointed by | 277 |
the speaker of the house of representatives: | 278 |
(1) Health insurers; | 279 |
(2) Small employers; | 280 |
(3) Organized labor; | 281 |
(4) Physicians in general practice; | 282 |
(5) Childrens' hospitals. | 283 |
(G) One representative of each of the following appointed by | 284 |
the president of the senate: | 285 |
(1) Physicians specializing in public health; | 286 |
(2) Hospitals; | 287 |
(3) Health services researchers; | 288 |
(4) Health care consumers; | 289 |
(5) Large employers. | 290 |
Sec. 3727.311. The director of health shall serve as chair | 291 |
of the hospital measures advisory council. The department of | 292 |
health shall provide meeting space and staff and other | 293 |
administrative support for the council. | 294 |
Sec. 3727.312. The hospital measures advisory council shall | 295 |
do all of the following: | 296 |
(A) Study the issue of hospitals reporting information | 297 |
regarding their performance in meeting measures for hospital | 298 |
inpatient and outpatient services, including how such reports are | 299 |
made in other states; | 300 |
(B) Not later than one year after the date the last of the | 301 |
initial council members is appointed, issue a report to the | 302 |
director of health with recommendations for all of the following: | 303 |
(1) Collecting, pursuant to section 3727.33 of the Revised | 304 |
Code, information from hospitals that shows their performance in | 305 |
meeting measures for hospital inpatient and outpatient services; | 306 |
(2) The audits conducted pursuant to section 3727.331 of the | 307 |
Revised Code; | 308 |
(3) Disseminating information about the performance of | 309 |
hospitals in meeting the measures, including effective methods of | 310 |
displaying information on any internet web site established under | 311 |
section 3727.39 of the Revised Code; | 312 |
(4) Explaining to the public how to use the information about | 313 |
the performance of hospitals in meeting the measures, including | 314 |
explanations about the limitations of the information. | 315 |
(C) Provide the director of health ongoing advice on all of | 316 |
the following: | 317 |
(1) The issue of hospitals reporting information regarding | 318 |
their performance in meeting measures for hospital inpatient and | 319 |
outpatient services; | 320 |
(2) Disseminating the information reported by hospitals; | 321 |
(3) Making improvements to the reports and dissemination of | 322 |
information; | 323 |
(4) Making changes to the information collection requirements | 324 |
and dissemination methods. | 325 |
(D) Convene a group of health care consumers, nurses, and | 326 |
experts in infection control, the members of which shall be | 327 |
appointed by the council according to a method selected by the | 328 |
council, to provide information about infection issues to the | 329 |
council as needed for the council to perform its duties. | 330 |
Sec. 3727.313. All of the following apply to members of the | 331 |
hospital measures advisory council and the members of the group | 332 |
convened by the council under division (D) of section 3727.312 of | 333 |
the Revised Code: | 334 |
(A) The members shall serve at the pleasure of their | 335 |
appointing authority. | 336 |
(B) The members shall serve without remuneration, except to | 337 |
the extent that serving on the council or in the group is | 338 |
considered a part of their regular employment duties. | 339 |
(C) The members shall not be reimbursed for expenses incurred | 340 |
in the performance of their duties on the council or in the group. | 341 |
Sec. 3727.32. (A) The director of health shall convene a | 342 |
group of experts in data collection and analysis or a related | 343 |
field to do all of the following: | 344 |
(1) Develop, on an ongoing basis, recommendations regarding | 345 |
measures for hospital inpatient and outpatient services and submit | 346 |
the recommendations to the director for the director's | 347 |
consideration when the director adopts rules under section 3727.41 | 348 |
of the Revised Code specifying the measures to be used by | 349 |
hospitals in submitting information to the director under section | 350 |
3727.33 of the Revised Code; | 351 |
(2) Issue, not later than one year after the date the last of | 352 |
the initial members of the hospital measures advisory council is | 353 |
appointed, a report to the director that advises the director on | 354 |
how to provide for any internet web site established under section | 355 |
3727.39 of the Revised Code to include a report on each hospital's | 356 |
overall performance in meeting the measures specified in rules | 357 |
adopted under section 3727.41 of the Revised Code; | 358 |
(3) Submit to the director guidelines to be used to determine | 359 |
whether a hospital's performance in meeting a particular measure | 360 |
should be excluded from any web site established under section | 361 |
3727.39 of the Revised Code because the hospital's caseload for | 362 |
the diagnosis or procedure that the measure concerns is | 363 |
insufficient to make the hospital's performance a reliable | 364 |
indicator of its ability to treat the diagnosis or perform the | 365 |
procedure in a quality manner; | 366 |
(4) Assist the hospital measures advisory council with the | 367 |
part of the report required by division (B) of section 3727.312 of | 368 |
the Revised Code that includes recommendations for the audits | 369 |
conducted pursuant to section 3727.331 of the Revised Code and | 370 |
provide the director ongoing advice on the issue of those audits. | 371 |
(B) Each member of the hospital measures advisory council | 372 |
shall appoint an individual to serve on a group convened under | 373 |
this section, except that a member of the council who is an expert | 374 |
in data collection and analysis or a related field may serve as a | 375 |
member of the group rather than appoint another individual. The | 376 |
director of health shall ensure that the group's membership | 377 |
includes at least one representative of small and rural hospitals. | 378 |
The members of the group shall serve without remuneration, | 379 |
except to the extent that serving in the group is considered a | 380 |
part of their regular employment duties. The members shall not be | 381 |
reimbursed for expenses incurred in the performance of their | 382 |
duties in the group. | 383 |
Sec. 3727.321. (A) The group of experts convened under | 384 |
section 3727.32 of the Revised Code may include in the | 385 |
recommendations developed under division (A)(1) of that section | 386 |
recommendations that the director of health's rules adopted under | 387 |
section 3727.41 of the Revised Code include some or all of the | 388 |
following measures: | 389 |
(1) Hospital quality measures publicly reported by the | 390 |
centers for medicare and medicaid services; | 391 |
(2) Hospital quality measures publicly reported by the joint | 392 |
commission on accreditation of healthcare organizations; | 393 |
(3) Measures included in the patient safety indicators and | 394 |
inpatient quality indicators developed by the agency for health | 395 |
care research and quality; | 396 |
(4) Measures included in the national voluntary consensus | 397 |
standards for hospital care endorsed by the national quality | 398 |
forum. | 399 |
(B) In considering whether to recommend that the director | 400 |
include a particular measure in the rules, the group of experts | 401 |
shall consider whether there are any excessive administrative or | 402 |
financial implications associated with the reporting of | 403 |
information by hospitals regarding their performance in meeting | 404 |
the measure. | 405 |
Sec. 3727.33. Beginning in 2007, not later than the first | 406 |
day of each April and the first day of each October, each hospital | 407 |
shall submit information to the director of health that shows the | 408 |
hospital's performance in meeting each of the inpatient and | 409 |
outpatient service measures specified in rules adopted under | 410 |
section 3727.41 of the Revised Code. | 411 |
In submitting information under this section, each hospital | 412 |
shall do all of the following: | 413 |
(A) Submit the information for the hospital's inpatient and | 414 |
outpatient services regardless of who pays the charges incurred | 415 |
for the services; | 416 |
(B) For each measure for which the information is submitted, | 417 |
use the form and specifications for the measure that the entity | 418 |
that developed or endorsed the measure recommends be used for the | 419 |
measure; | 420 |
(C) Adjust for risk, as needed, the information for a | 421 |
particular measure in accordance with the risk adjustment | 422 |
methodology that the entity that developed or endorsed the measure | 423 |
recommends be used for the measure; | 424 |
(D) Provide for the information to reflect the hospital's | 425 |
performance in meeting the measures over a twelve-month period; | 426 |
(E) Follow the rules governing the submission of the | 427 |
information that are adopted under section 3727.41 of the Revised | 428 |
Code. | 429 |
Sec. 3727.331. The director of health may audit any | 430 |
information submitted to the director under section 3727.33 of the | 431 |
Revised Code, including information adjusted for risk pursuant to | 432 |
division (C) of that section. | 433 |
| 434 |
435 | |
436 | |
437 | |
438 | |
439 |
| 440 |
or before the first day of each May | 441 |
shall | 442 |
following
| 443 |
regardless of who pays the charges incurred for the services, for | 444 |
445 | |
diagnosis related groups as defined pursuant to 42 C.F.R. 412 most | 446 |
frequently treated on an inpatient basis in the hospital as | 447 |
represented by inpatient discharges during the previous calendar | 448 |
year: | 449 |
(1) The total number of patients discharged; | 450 |
(2) The mean, median, and range of total hospital charges; | 451 |
(3) The mean, median, and range of length of stay; | 452 |
(4) The number of admissions from each of the following: | 453 |
(a) Emergency room; | 454 |
(b) Transfer from another hospital; | 455 |
(c) Other sources of admission. | 456 |
(5) The number of | 457 |
diagnosis related group numbers 468, 469, and 470 as defined | 458 |
pursuant to 42 C.F.R. part 412. | 459 |
(B) On or before the first day of each May, each hospital | 460 |
shall submit to the director of health the following information | 461 |
pertaining to outpatient services, regardless of who pays the | 462 |
charges incurred for the services, for patients in each of the | 463 |
sixty categories of outpatient services most frequently provided | 464 |
by the hospital as represented by outpatient discharges during the | 465 |
previous calendar year: | 466 |
(1) The mean and median of total hospital charges for the | 467 |
services; | 468 |
(2) For each of the sixty categories of services, the number | 469 |
of patients for whom the hospital provided the services. | 470 |
(C) This section does not require | 471 |
of | 472 |
service category for which the hospital treated fewer than ten | 473 |
474 |
(D) Each hospital may include with | 475 |
information submitted under this section commentary concerning | 476 |
reasons for major deviations in the
range of | 477 |
for any diagnosis related group or outpatient service category. | 478 |
All reports or
other releases of information by the | 479 |
director identifying a hospital shall include the commentary | 480 |
provided by the hospital.
| 481 |
(E)(1) The director shall | 482 |
483 | |
484 | |
sections 3727.39 and 3727.40 of the Revised Code. | 485 |
| 486 |
submits
under | 487 |
inspection by any member of the public at any reasonable time. On | 488 |
request, the hospital shall make copies available for a reasonable | 489 |
fee, and the hospital shall advise the requesting person that the | 490 |
information is available from the | 491 |
as provided in sections 3727.39 and 3727.40 of the Revised Code. | 492 |
If a hospital has information available on the average prices of | 493 |
diagnosis related groups, outpatient service categories, or | 494 |
specific procedures not required to
be | 495 |
this section, it shall make such information available at the | 496 |
request of any member of the public. | 497 |
| 498 |
499 | |
500 | |
501 | |
502 | |
503 | |
504 | |
505 | |
506 | |
507 |
Sec. 3727.35. The director of health shall permit a hospital | 508 |
to verify the accuracy of all information submitted to the | 509 |
director under sections 3727.33 and 3727.34 of the Revised Code | 510 |
and provide corrections of the information in a timely manner. | 511 |
| 512 |
or
social security number of a patient | 513 |
be included in
the | 514 |
515 | |
Revised Code. | 516 |
| 517 |
518 | |
519 | |
520 | |
521 | |
522 | |
523 |
| 524 |
525 | |
526 |
Sec. 3727.37. A hospital that submits information under | 527 |
section 3727.33 or 3727.34 of the Revised Code is not liable for | 528 |
the misuse or improper release of the information by any of the | 529 |
following: | 530 |
(A) The department of health; | 531 |
(B) A person with whom the director of health contracts under | 532 |
section 3727.391 of the Revised Code; | 533 |
(C) A person whose misuse or improper release of the | 534 |
information is not done on behalf of the hospital. | 535 |
Sec. 3727.38. The information submitted under section | 536 |
3727.33 or 3727.34 of the Revised Code shall not be used to | 537 |
establish or alter any professional standard of care. The | 538 |
information is not admissible as evidence in any civil, criminal, | 539 |
or administrative proceeding. | 540 |
Sec. 3727.39. (A) The duties of the director of health under | 541 |
this section are subject to section 3727.391 of the Revised Code. | 542 |
(B) Not later than ninety days after a hospital submits | 543 |
information to the director of health under section 3727.33 or | 544 |
3727.34 of the Revised Code, the director shall make the submitted | 545 |
information available on an internet web site. In making the | 546 |
information available on a web site, the director shall do all of | 547 |
the following: | 548 |
(1) Make the web site available to the public without charge; | 549 |
(2) Provide for the web site to be organized in a manner that | 550 |
enables the public to use it easily; | 551 |
(3) Exclude from the web site any information that | 552 |
compromises patient privacy; | 553 |
(4) Include links to hospital internet web sites to enable | 554 |
the public to obtain additional information about hospitals, | 555 |
including hospital programs designed to enhance quality and | 556 |
safety; | 557 |
(5) Allow other internet web sites to link to the web site | 558 |
for purposes of increasing the web site's availability and | 559 |
encouraging ongoing improvement; | 560 |
(6) Update the web site as needed to include new information | 561 |
and to correct errors. | 562 |
(C) The information submitted under section 3727.33 of the | 563 |
Revised Code shall be presented on the web site in a manner that | 564 |
enables the public to compare the performance of hospitals in | 565 |
meeting the measures for hospital inpatient and outpatient | 566 |
services specified in rules adopted under section 3727.41 of the | 567 |
Revised Code. In making the information available on a web site, | 568 |
the director shall do all of the following: | 569 |
(1) Enable the public to compare the performance of hospitals | 570 |
in meeting the measures for specific diagnoses and procedures; | 571 |
(2) Enable the public to make the comparisons by different | 572 |
geographic regions, such as by county or zip code; | 573 |
(3) Based on the report issued to the director pursuant to | 574 |
division (A)(2) of section 3727.32 of the Revised Code, include a | 575 |
report of each hospital's overall performance in meeting the | 576 |
measures; | 577 |
(4) To the extent possible, include state and federal | 578 |
benchmarks for the measures; | 579 |
(5) Include contextual information and explanations that the | 580 |
public can easily understand, including contextual information | 581 |
that explains why differences in the performance of hospitals in | 582 |
meeting the measures may be misleading; | 583 |
(6) Exclude from the web site a hospital's performance in | 584 |
meeting a particular measure if the hospital's caseload for the | 585 |
diagnosis or procedure that the measure concerns is insufficient, | 586 |
as determined in accordance with the guidelines submitted to the | 587 |
director under division (A)(3) of section 3727.32 of the Revised | 588 |
Code, to make the hospital's performance for the diagnosis or | 589 |
procedure a reliable indicator of its ability to treat the | 590 |
diagnosis or provide the procedure in a quality manner; | 591 |
(7) Clearly identify the sources of information used in the | 592 |
web site and explain both of the following: | 593 |
(a) The analytical methods used in determining the | 594 |
performance of hospitals in meeting the measures; | 595 |
(b) The risk adjustment methodologies that hospitals use to | 596 |
adjust information submitted to the director pursuant to division | 597 |
(C) of section 3727.33 of the Revised Code. | 598 |
Sec. 3727.391. (A) The duties of the director of health under | 599 |
section 3727.39 of the Revised Code apply only to the extent that | 600 |
appropriations are made by the general assembly to make | 601 |
performance of the duties possible. | 602 |
(B) Subject to division (A) of this section, the director | 603 |
shall enter into a contract with a person under which the | 604 |
director's duties under section 3727.39 of the Revised Code are | 605 |
performed by the person pursuant to the contract. The contract may | 606 |
be entered into with any person selected by the director. For | 607 |
purposes of section 3727.39 of the Revised Code, all references to | 608 |
the director are references to the person who is under contract | 609 |
with the director pursuant to this division. | 610 |
The department of health may accept gifts, grants, | 611 |
donations, and awards for purposes of paying the fees or other | 612 |
costs incurred when a contract is entered into under this | 613 |
division. | 614 |
Sec. 3727.40. Not later than ninety days after a hospital | 615 |
submits information to the director of health under section | 616 |
3727.33 or 3727.34 of the Revised Code, the director shall make | 617 |
the submitted information available for sale to any interested | 618 |
person or government entity. When the director sells the | 619 |
information, the fee charged shall not exceed a reasonable amount. | 620 |
Sec. 3727.41. (A) The director of health shall adopt rules | 621 |
governing hospitals in their submission of information to the | 622 |
director under sections 3727.33 and 3727.34 of the Revised Code. | 623 |
The rules shall be adopted in accordance with Chapter 119. of the | 624 |
Revised Code. | 625 |
(B)(1) The rules for submission of information under section | 626 |
3727.33 of the Revised Code shall include rules specifying the | 627 |
inpatient and outpatient service measures to be used by hospitals | 628 |
in submitting the information. The rules may include any of the | 629 |
measures recommended by the group of experts convened under | 630 |
section 3727.32 of the Revised Code and shall include measures | 631 |
from the following: | 632 |
(a) Hospital quality measures publicly reported by the | 633 |
centers for medicare and medicaid services; | 634 |
(b) Hospital quality measures publicly reported by the joint | 635 |
commission on accreditation of healthcare organizations; | 636 |
(c) Measures that examine volume of cases, adjusted length of | 637 |
stay, complications, infections, or mortality rates and are | 638 |
developed by the agency for health care research and quality; | 639 |
(d) Measures included in the national voluntary consensus | 640 |
standards for hospital care endorsed by the national quality | 641 |
forum. | 642 |
(2) In adopting rules specifying the measures to be used by | 643 |
hospitals in submitting the information, the director shall | 644 |
consider both of the following: | 645 |
(a) Whether hospitals have a sufficient caseload to make a | 646 |
particular measure a reliable indicator of their ability to treat | 647 |
a diagnosis or perform a procedure in a quality manner; | 648 |
(b) Whether there are any excessive administrative or | 649 |
financial implications associated with the reporting of | 650 |
information by hospitals regarding their performance in meeting a | 651 |
particular measure. | 652 |
| 653 |
make available for inspection by the public a price information | 654 |
list containing the
| 655 |
division (B) of this section and shall | 656 |
update the list to maintain current information. The price | 657 |
information list shall be compiled and made available in a format | 658 |
that complies with the electronic transaction standards and code | 659 |
sets adopted by the United States secretary of health and human | 660 |
services under 42 U.S.C. 1320d-2. | 661 |
(B) Each price information list required by division (A) of | 662 |
this section shall contain all of the following information: | 663 |
(1) The usual and customary room and board charges for each | 664 |
level of care within the hospital, including but not limited to | 665 |
private rooms, semiprivate rooms, other multiple patient rooms, | 666 |
and intensive care and other specialty units; | 667 |
(2) Rates charged for nursing care, if the hospital charges | 668 |
separately for nursing care; | 669 |
(3) The usual and customary charges, stated separately for | 670 |
inpatients and outpatients if different charges are imposed, for | 671 |
any of the following services provided by the hospital: | 672 |
(a) The thirty most common x-ray and radiological procedures; | 673 |
(b) The thirty most common laboratory procedures; | 674 |
(c) Emergency room services; | 675 |
(d) Operating room services; | 676 |
(e) Delivery room services; | 677 |
(f) Physical, occupational, and pulmonary therapy services; | 678 |
(g) Any other services designated as high volume services by | 679 |
a rule which shall be adopted by the public health council. | 680 |
| 681 |
682 | |
whether the hospital charges interest on an amount not paid in | 683 |
full by any person or government entity and the interest rate | 684 |
charged; | 685 |
(5) Whether or not the charges listed include fees for the | 686 |
services of hospital-based anesthesiologists, radiologists, | 687 |
pathologists, and emergency room physicians | 688 |
charge does
not include such fees, | 689 |
such fee information can be obtained. | 690 |
(C) | 691 |
price information list required by this section: | 692 |
(1) At the time of admission, or as soon as practical | 693 |
thereafter, | 694 |
availability of the | 695 |
696 | |
of the list | 697 |
(2) On request, | 698 |
list to any person or governmental agency, subject to payment of a | 699 |
reasonable fee for copying and processing; | 700 |
(3) Make the list available free of charge on the hospital's | 701 |
internet web site. | 702 |
| 703 |
disclosure of the provisions of section 3924.21 of the Revised | 704 |
Code to every beneficiary who receives services at the hospital. | 705 |
Sec. 3727.44. The director of health may adopt rules to | 706 |
carry out the purposes of sections 3727.42 and 3727.43 of the | 707 |
Revised Code. All rules adopted pursuant to this section shall be | 708 |
adopted in accordance with Chapter 119. of the Revised Code. | 709 |
| 710 |
the court of common pleas of the county in which a hospital is | 711 |
located for a temporary or permanent injunction restraining the | 712 |
hospital from failure to comply with sections
| 713 |
3727.34, and | 714 |
Section 2. That existing sections 111.15, 3702.11, 3702.16, | 715 |
3702.18, 3727.11, 3727.12, 3727.121, 3727.14, and 3727.16 and | 716 |
sections 3727.13 and 3727.15 of the Revised Code are hereby | 717 |
repealed. | 718 |