|
|
| 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) "Health care entity" means any of the following that | 8 |
| employs a physician to provide physician services: | 9 |
| (a) A hospital registered with the department of health under | 10 |
| section 3701.07 of the Revised Code; | 11 |
| (b) A corporation formed under division (B) of section | 12 |
| 1701.03 of the Revised Code; | 13 |
| (c) A corporation formed under Chapter 1702. of the Revised | 14 |
| Code; | 15 |
| (d) A limited liability company formed under Chapter 1705. of | 16 |
| the Revised Code; | 17 |
| (e) A health insuring corporation holding a certificate of | 18 |
| authority under Chapter 1751. of the Revised Code; | 19 |
| (f) A partnership; | 20 |
| (g) A professional association formed under Chapter 1785. of | 21 |
| the Revised Code. | 22 |
| (2) "Physician" means an individual authorized under this | 23 |
| chapter to practice medicine and surgery, osteopathic medicine and | 24 |
| surgery, or podiatric medicine and surgery. | 25 |
| (3) "Physician services" means direct patient care services | 26 |
| provided by a physician pursuant to a certificate issued to the | 27 |
| physician by the state medical board. | 28 |
| (4) "Termination" means the end of a physician's employment | 29 |
| with a health care entity for any reason. | 30 |
| (B) This section applies when a physician's employment with a | 31 |
| health care entity to provide physician services is terminated for | 32 |
| any reason. | 33 |
| (C)(1) Except as provided in division (C)(2) of this section, | 34 |
| a health care entity shall send notice of the termination of a | 35 |
| physician's employment to each patient who received physician | 36 |
| services from the physician in the two-year period immediately | 37 |
| preceding the date of employment termination. Only patients of the | 38 |
| health care entity who received services from the physician are to | 39 |
| receive the notice. | 40 |
| (2) If the health care entity provides to the physician a | 41 |
| list of patients treated and patient contact information, the | 42 |
| health care entity may require the physician to send the notice | 43 |
| required by this section. | 44 |
| (D) The notice provided under division (C) of this section | 45 |
| shall be provided not later than ten business days after | 46 |
| termination of the physician's employment with the health care | 47 |
| entity and in accordance with rules adopted by the state medical | 48 |
| board under section 4731.05 of the Revised Code. The notice shall | 49 |
| include at least all of the following: | 50 |
| (1) A notice to the patient that the physician will no longer | 51 |
| be practicing medicine as an employee of the health care entity; | 52 |
| (2) The physician's name and any information provided by the | 53 |
| physician that the patient may use to contact the physician; | 54 |
| (3) The date on which the physician ceased or will cease to | 55 |
| practice as an employee of the health care entity; | 56 |
| (4) Contact information for an alternative physician employed | 57 |
| by the health care entity. | 58 |
| (E) If a health care entity has violated this section by | 59 |
| failing to comply with the requirements of this section, a | 60 |
| physician may bring an action in equity against that health care | 61 |
| entity in the court of common pleas of the county where the | 62 |
| alleged violation occurred. | 63 |
| (F) The requirements of this section do not apply to any of | 64 |
| the following: | 65 |
| (1) A physician rendering services to a patient on an | 66 |
| episodic basis or in an emergency department or urgent care | 67 |
| center, when the physician should not reasonably expect that | 68 |
| related medical services will be rendered by the physician to the | 69 |
| patient in the future; | 70 |
| (2) A medical director or other physician providing services | 71 |
| in a similar capacity to a medical director to patients through a | 72 |
| hospice care program licensed pursuant to section 3712.04 of the | 73 |
| Revised Code. | 74 |
| Section 2. Not later than six months after the effective date | 75 |
| of this section, the State Medical Board shall revise rule | 76 |
| 4731-27-01 of the Administrative Code to require health care | 77 |
| entities, as defined in section 4731.228 of the Revised Code, to | 78 |
| provide notices in accordance with section 4731.228 of the Revised | 79 |
| Code. | 80 |