As Recommitted to the Senate Insurance, Commerce and Labor Committee

129th General Assembly
Regular Session
2011-2012
H. B. No. 417


Representative Grossman 

Cosponsors: Representatives Duffey, Thompson, Hall, Beck, Blair, Pelanda, Terhar, Patmon, Kozlowski, Reece, Hill, Hackett, Uecker, Yuko, Anielski, Antonio, Baker, Boose, Boyd, Butler, Garland, Hagan, C., Huffman, Johnson, Luckie, Lundy, Milkovich, Newbold, Ramos, Sykes, Winburn, Young Speaker Batchelder 

Senators Brown, Bacon, Beagle, Hite 



A BILL
To enact section 4731.228 of the Revised Code 1
regarding responsibility for notifying patients 2
that a physician's employment by a health care 3
entity has been terminated.4


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

       Section 1. That section 4731.228 of the Revised Code be 5
enacted to read as follows:6

       Sec. 4731.228. (A) As used in this section:7

       (1) "Federally qualified health center" has the same meaning 8
as in section 3701.047 of the Revised Code.9

        (2) "Federally qualified health center look-alike" has the 10
same meaning as in section 3701.047 of the Revised Code.11

       (3) "Health care entity" means any of the following that 12
employs a physician to provide physician services:13

       (a) A hospital registered with the department of health under 14
section 3701.07 of the Revised Code;15

       (b) A corporation formed under division (B) of section 16
1701.03 of the Revised Code;17

       (c) A corporation formed under Chapter 1702. of the Revised 18
Code;19

       (d) A limited liability company formed under Chapter 1705. of 20
the Revised Code;21

       (e) A health insuring corporation holding a certificate of 22
authority under Chapter 1751. of the Revised Code;23

       (f) A partnership;24

       (g) A professional association formed under Chapter 1785. of 25
the Revised Code.26

       (4) "Physician" means an individual authorized under this 27
chapter to practice medicine and surgery, osteopathic medicine and 28
surgery, or podiatric medicine and surgery.29

       (5) "Physician services" means direct patient care services 30
provided by a physician pursuant to a certificate issued to the 31
physician by the state medical board.32

       (6) "Termination" means the end of a physician's employment 33
with a health care entity for any reason.34

       (B) This section applies when a physician's employment with a 35
health care entity to provide physician services is terminated for 36
any reason, unless the physician continues to provide medical 37
services for patients of the health care entity on an independent 38
contractor basis.39

        (C)(1) Except as provided in division (C)(2) of this section, 40
a health care entity shall send notice of the termination of a 41
physician's employment to each patient who received physician 42
services from the physician in the two-year period immediately 43
preceding the date of employment termination. Only patients of the 44
health care entity who received services from the physician are to 45
receive the notice.46

       (2) If the health care entity provides to the physician a 47
list of patients treated and patient contact information, the 48
health care entity may require the physician to send the notice 49
required by this section.50

        (D) The notice provided under division (C) of this section 51
shall be provided not later than the date of termination or thirty 52
days after the health care entity has actual knowledge of 53
termination or resignation of the physician, whichever is later. 54
The notice shall be provided in accordance with rules adopted by 55
the state medical board under section 4731.05 of the Revised Code. 56
The notice shall include at least all of the following:57

        (1) A notice to the patient that the physician will no longer 58
be practicing medicine as an employee of the health care entity;59

        (2) Except in situations in which the health care entity has 60
a good faith concern that the physician's conduct or the medical 61
care provided by the physician would jeopardize the health and 62
safety of patients, the physician's name and, if known by the 63
health care entity, information provided by the physician that the 64
patient may use to contact the physician;65

        (3) The date on which the physician ceased or will cease to 66
practice as an employee of the health care entity;67

        (4) Contact information for an alternative physician or 68
physicians employed by the health care entity or contact 69
information for a group practice that can provide care for the 70
patient;71

       (5) The current location of the patient's medical records 72
and, if the patient's medical records are expected to be moved 73
within a reasonable time period after the date the notice is sent, 74
the new location of the records.75

        (E) The requirements of this section do not apply to any of 76
the following:77

        (1) A physician rendering services to a patient on an 78
episodic basis or in an emergency department or urgent care 79
center, when it should not be reasonably expected that related 80
medical services will be rendered by the physician to the patient 81
in the future;82

        (2) A medical director or other physician providing services 83
in a similar capacity to a medical director to patients through a 84
hospice care program licensed pursuant to section 3712.04 of the 85
Revised Code.86

       (3) Medical residents, interns, and fellows who work in 87
hospitals, health systems, federally qualified health centers, and 88
federally qualified health center look-alikes as part of their 89
medical education and training.90

       (4) A physician providing services to a patient through a 91
community mental health agency certified by the director of mental 92
health under section 5119.611 of the Revised Code or an alcohol 93
and drug addiction program certified by the department of alcohol 94
and drug addiction services under section 3793.06 of the Revised 95
Code.96

       (5) A physician providing services to a patient through a 97
federally qualified health center or a federally qualified health 98
center look-alike.99

       Section 2. Not later than six months after the effective date 100
of this section, the State Medical Board shall revise rule 101
4731-27-01 of the Administrative Code to require health care 102
entities, as defined in section 4731.228 of the Revised Code, to 103
provide notices in accordance with section 4731.228 of the Revised 104
Code.105