As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 56


Representative Miller 

Cosponsors: Representatives Williams, S., Pillich, Ujvagi, Fende, Okey, Yuko, Boyd, Chandler, Dyer, Koziura, Hall, Winburn, DeBose, Letson 



A BILL
To amend section 1739.05 and to enact sections 1
1751.69, 3923.651, and 5111.017 of the Revised 2
Code to require certain health care plans to3
provide benefits for colorectal examinations and 4
laboratory tests for cancer.5


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

       Section 1. That section 1739.05 be amended and sections 6
1751.69, 3923.651, and 5111.017 of the Revised Code be enacted to 7
read as follows:8

       Sec. 1739.05.  (A) A multiple employer welfare arrangement9
that is created pursuant to sections 1739.01 to 1739.22 of the10
Revised Code and that operates a group self-insurance program may11
be established only if any of the following applies:12

       (1) The arrangement has and maintains a minimum enrollment of 13
three hundred employees of two or more employers.14

       (2) The arrangement has and maintains a minimum enrollment of 15
three hundred self-employed individuals.16

       (3) The arrangement has and maintains a minimum enrollment of 17
three hundred employees or self-employed individuals in any18
combination of divisions (A)(1) and (2) of this section.19

       (B) A multiple employer welfare arrangement that is created20
pursuant to sections 1739.01 to 1739.22 of the Revised Code and21
that operates a group self-insurance program shall comply with all22
laws applicable to self-funded programs in this state, including23
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.38124
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14, 25
3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.63, 3923.651,26
3923.80, 3924.031, 3924.032, and 3924.27 of the Revised Code.27

       (C) A multiple employer welfare arrangement created pursuant28
to sections 1739.01 to 1739.22 of the Revised Code shall solicit29
enrollments only through agents or solicitors licensed pursuant to30
Chapter 3905. of the Revised Code to sell or solicit sickness and31
accident insurance.32

       (D) A multiple employer welfare arrangement created pursuant33
to sections 1739.01 to 1739.22 of the Revised Code shall provide34
benefits only to individuals who are members, employees of35
members, or the dependents of members or employees, or are36
eligible for continuation of coverage under section 1751.53 or37
3923.38 of the Revised Code or under Title X of the "Consolidated38
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 2939
U.S.C.A. 1161, as amended.40

       Sec. 1751.69.  (A) Notwithstanding section 3901.71 of the41
Revised Code, each individual or group health insuring corporation42
policy, contract, or agreement providing basic health care43
services that is delivered, issued for delivery, or renewed in44
this state shall provide benefits for the expenses of colorectal 45
cancer examinations and laboratory tests for colorectal cancer for 46
any symptomatic individual and any nonsymptomatic individual who 47
is either of the following:48

       (1) Fifty years of age or older;49

       (2) Less than fifty years of age and at high risk for50
colorectal cancer according to the most recently published51
colorectal cancer screening guidelines of the American cancer52
society.53

       (B) The benefits provided under division (A) of this section54
shall be provided for examinations and laboratory tests that are55
performed in accordance with the most recently published 56
colorectal cancer screening guidelines of the American cancer 57
society.58

       (C) The benefits provided under division (A) of this section59
shall be subject to the same terms and conditions, including60
copayment charges, that apply to similar benefits provided under61
the policy, contract, or agreement.62

       Sec. 3923.651. (A) Notwithstanding section 3901.71 of the63
Revised Code, each individual or group policy of sickness and64
accident insurance that is delivered, issued for delivery, or65
renewed in this state and each public employee benefit plan that 66
is established or modified in this state shall provide benefits 67
for the expenses of colorectal cancer examinations and laboratory 68
tests for colorectal cancer for any symptomatic individual and any 69
nonsymptomatic individual who is either of the following:70

       (1) Fifty years of age or older;71

       (2) Less than fifty years of age and at high risk for72
colorectal cancer according to the most recently published73
colorectal cancer screening guidelines of the American cancer74
society.75

       (B) The benefits provided under division (A) of this section76
shall be provided for examinations and laboratory tests that are77
performed in accordance with the most recently published 78
colorectal cancer screening guidelines of the American cancer 79
society.80

       (C) The benefits provided under division (A) of this section81
shall be subject to the same terms and conditions, including82
copayments and deductibles, that apply to similar benefits83
provided under the policy or plan.84

       (D) This section does not apply to any policy that provides85
coverage for specific diseases or accidents only, or to any86
hospital indemnity, medicare supplement, medicare, tricare, 87
long-term care, disability income, one-time limited duration 88
policy of not longer than six months, or other policy that offers 89
only supplemental benefits.90

       Sec. 5111.017. (A) The provision of medical assistance under91
this chapter shall include coverage of colorectal cancer92
examinations and laboratory tests for cancer for any93
nonsymptomatic individual who is either of the following:94

       (1) Fifty years of age or older;95

       (2) Less than fifty years of age and at high risk for96
colorectal cancer according to the most recently published97
colorectal cancer screening guidelines of the American cancer98
society.99

       (B) The coverage provided under division (A) of this section100
shall be provided for examinations and laboratory tests that are101
performed in accordance with the most recently published cancer102
screening guidelines of the American cancer society.103

       Section 2. That existing section 1739.05 of the Revised Code 104
is hereby repealed.105