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| To amend section 3901.71 and to enact section | 1 |
| 5111.0210 of the Revised Code to require the | 2 |
| Medicaid program to cover, subject to federal | 3 |
| approval, all health benefits established as | 4 |
| mandated health benefits under the state's | 5 |
| insurance laws and to preclude application of | 6 |
| additional mandated health benefits under those | 7 |
| laws until the Medicaid program covers the health | 8 |
| benefits. | 9 |
| Section 1. That section 3901.71 be amended and section | 10 |
| 5111.0210 of the Revised Code be enacted to read as follows: | 11 |
| Sec. 3901.71. (A) As used in this section, "mandated health | 12 |
| benefits" means any required coverage, or required offering of | 13 |
| coverage, for the expenses of specified services, treatments, or | 14 |
| diseases under any policy, contract, plan, or other arrangement | 15 |
| providing sickness and accident or other health benefits to | 16 |
| policyholders, subscribers, or members. | 17 |
| (B) Any provision for mandated health benefits contained in a | 18 |
| law enacted by the general assembly after January 14, 1993, shall | 19 |
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not be
applied to any policy, contract, plan, or other | 20 |
| 21 | |
| superintendent of insurance determines, pursuant to a hearing | 22 |
| conducted in accordance with Chapter 119. of the Revised Code, | 23 |
| that the provision can be applied fully and equally in all | 24 |
| respects to employee benefit plans subject to regulation by the | 25 |
| federal "Employee Retirement Income Security Act of 1974," 88 | 26 |
| Stat. 832, 29 U.S.C.A. 1001, as amended, and to employee benefit | 27 |
| plans established or modified by the state or any political | 28 |
| subdivision of the state, or by any agency or instrumentality of | 29 |
| the state or any political subdivision of the state. | 30 |
| (C) Any provision for a mandated health benefit contained in | 31 |
| a law enacted by the general assembly after the effective date of | 32 |
| this amendment shall not be applied to any policy, contract, plan, | 33 |
| or other arrangement providing sickness and accident or other | 34 |
| health benefits until the medicaid program covers the health | 35 |
| benefit. | 36 |
| Sec. 5111.0210. (A) Except as provided by division (C) of | 37 |
| this section, the medicaid program shall cover all health benefits | 38 |
| that law enacted by the general assembly requires any policy, | 39 |
| contract, plan, or other arrangement providing sickness and | 40 |
| accident or other health benefits to cover or offer to cover. | 41 |
| (B) The director of job and family services shall do either | 42 |
| or both of the following as necessary to obtain federal financial | 43 |
| participation for the health benefits specified in division (A) of | 44 |
| this section: | 45 |
| (1) Submit one or more medicaid state plan amendments to the | 46 |
| United States secretary of health and human services; | 47 |
| (2) Request that the United States secretary of health and | 48 |
| human services issue one or more federal medicaid waivers. | 49 |
| (C) If the United States secretary of health and human | 50 |
| services refuses to approve a medicaid state plan amendment or | 51 |
| federal medicaid waiver that is necessary for the state to obtain | 52 |
| federal financial participation for a health benefit specified in | 53 |
| division (A) of this section, the medicaid program shall not cover | 54 |
| the health benefit. | 55 |
| Section 2. That existing section 3901.71 of the Revised Code | 56 |
| is hereby repealed. | 57 |