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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 |
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 |