As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 104

Senator Skindell 

Cosponsors: Senators Turner, Brown, Tavares 

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A BILL

To amend section 109.02 and to enact sections 3920.01

1

to 3920.15, 3920.21 to 3920.28, 3920.31, 3920.32,

2

and 3920.33 of the Revised Code to establish and

3

operate the Ohio Health Care Plan to provide

4

universal health care coverage to all Ohio

5

residents.

6

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

Section 1. That section 109.02 be amended and sections	7
3920.01, 3920.02, 3920.03, 3920.04, 3920.05, 3920.06, 3920.07,	8
3920.08, 3920.09, 3920.10, 3920.11, 3920.12, 3920.13, 3920.14,	9
3920.15, 3920.21, 3920.22, 3920.23, 3920.24, 3920.25, 3920.26,	10
3920.27, 3920.28, 3920.31, 3920.32, and 3920.33 of the Revised	11
Code be enacted to read as follows:	12

Sec. 109.02.  The attorney general is the chief law officer	13
for the state and all its departments and shall be provided with	14
adequate office space in Columbus. Except as provided in division	15
(E) of section 120.06 and in sections 3517.152 to 3517.157 and	16
3920.04 of the Revised Code, no state officer or board, or head of	17
a department or institution of the state shall employ, or be	18
represented by, other counsel or attorneys at law. The attorney	19
general shall appear for the state in the trial and argument of	20
all civil and criminal causes in the supreme court in which the	21
state is directly or indirectly interested. When required by the	22
governor or the general assembly, the attorney general shall	23
appear for the state in any court or tribunal in a cause in which	24
the state is a party, or in which the state is directly	25
interested. Upon the written request of the governor, the attorney	26
general shall prosecute any person indicted for a crime.	27

Sec. 3920.01.  As used in this chapter:

28

(A) "Blind trust" means an independently managed trust in	29
which the beneficiary has no management rights and in which the	30
beneficiary is not given notice of alterations in or other	31
dispositions of the stock, mutual funds, or other property subject	32
to the trust.	33

(B) "Health care facility" means any facility, except a	34
health care practitioner's office, that provides preventive,	35
diagnostic, therapeutic, acute convalescent, rehabilitation,	36
mental health, mental retardation, intermediate care, or skilled	37
nursing services.	38

(C) "Provider" means a hospital or other health care	39
facility, and physicians, podiatrists, dentists, pharmacists,	40
chiropractors, and other health care personnel, licensed,	41
certified, accredited, or otherwise authorized in this state to	42
furnish health care services.	43

Sec. 3920.02.  (A)(1) There is hereby created the Ohio health	44
care plan, which shall be administered by the Ohio health care	45
agency under the direction of the Ohio health care board.	46

(2) The Ohio health care plan shall provide universal and	47
affordable health care coverage for all Ohio residents, consisting	48
of a comprehensive benefit package that includes benefits for	49
prescription drugs. The Ohio health care plan shall work	50
simultaneously to control health care costs, control health care	51
spending, achieve measurable improvement in health care outcomes,	52
increase all parties' satisfaction with the health care system,	53
implement policies that strengthen and improve culturally and	54
linguistically sensitive care, and develop an integrated health	55
care database to support health care planning.	56

(B) There is hereby created the Ohio health care agency. The	57
Ohio health care agency shall administer the Ohio health care plan	58
and is the sole agency authorized to accept applicable	59
grants-in-aid from the federal and state government, using the	60
funds in order to secure full compliance with provisions of state	61
and federal law and to carry out the purposes of sections 3920.01	62
to 3920.33 of the Revised Code. All grants-in-aid accepted by the	63
Ohio health care agency shall be deposited into the Ohio health	64
care fund established under section 3920.09 of the Revised Code.	65

Sections 101.82 and 101.83 of the Revised Code do not apply	66
to the Ohio health care agency.	67

Sec. 3920.03.  (A) There is hereby created the Ohio health	68
care board. The Ohio health care board shall consist of fifteen	69
voting members, consisting of the director of health and fourteen	70
members elected in accordance with this section.	71

(B) For purposes of representation on the Ohio health care	72
board, the state shall be divided into seven regions each composed	73
of designated counties as follows:	74

(1) Region 1: Ashtabula, Cuyahoga, Geauga, Lake, Lorain;

75

(2) Region 2: Allen, Auglaize, Defiance, Erie, Fulton,	76
Hancock, Henry, Huron, Lucas, Mercer, Ottawa, Paulding, Putnam,	77
Sandusky, Seneca, Van Wert, Williams, Wood;	78

(3) Region 3: Athens, Belmont, Coshocton, Gallia, Guernsey,	79
Harrison, Hocking, Jackson, Jefferson, Lawrence, Meigs, Monroe,	80
Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Vinton,	81
Washington;	82

(4) Region 4: Adams, Brown, Butler, Clermont, Clinton,	83
Hamilton, Highland, Warren;	84

(5) Region 5: Crawford, Delaware, Fairfield, Fayette,	85
Franklin, Hardin, Knox, Licking, Logan, Madison, Marion, Morrow,	86
Pickaway, Union, Wyandot;	87

(6) Region 6: Ashland, Carroll, Columbiana, Holmes, Mahoning,	88
Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas,	89
Wayne;	90

(7) Region 7: Champaign, Clark, Darke, Greene, Miami,	91
Montgomery, Preble, Shelby.	92

(C)(1) The health commissioner of the most populous county in	93
each region shall convene a meeting of all county and city health	94
commissioners in the region within ninety days following the	95
effective date of this section. If there are two or more health	96
districts located wholly or partially in the most populous county	97
of the region, the health commissioner of the health district with	98
the largest territorial jurisdiction in that county shall convene	99
the meeting of all county and city health commissioners within	100
ninety days following the effective date of this section.	101

(2) At the meeting called pursuant to division (C)(1) of this	102
section, the county and city health commissioners in each region	103
shall elect one resident from each county in the region to	104
represent the county on a regional health advisory committee	105
established for that region. The county and city health	106
commissioners also shall set a date, not sooner than one hundred	107
days and not later than one hundred ten days after the effective	108
date of this section, for the initial meeting of the regional	109
health advisory committee.	110

(3) Following the initial meetings of county and city health	111
commissioners called pursuant to division (C)(1) of this section,	112
the county and city health commissioners in each region shall	113
convene a meeting every two years to elect representatives to the	114
regional health advisory committee in accordance with this	115
division. Each biennial meeting shall be held within five days of	116
the same day of the same month as the initial meeting.	117

(4) Each representative elected under this division shall	118
hold office for two years, starting on the date of the	119
representative's election. Any individual appointed to fill a	120
vacancy occurring prior to the expiration of the term for which a	121
representative is elected shall hold office for the remainder of	122
the predecessor's term.	123

(D)(1) Each of the seven regional health advisory committees	124
shall elect a chairperson from among the representatives to their	125
committees. Each chairperson shall convene and preside over the	126
initial meeting of that regional health advisory committee on the	127
date set pursuant to division (C) of this section. At the initial	128
meeting of the regional health advisory committees, the	129
committees' representatives shall elect two residents from the	130
region to represent that region as members of the Ohio health care	131
board. One of the two residents elected from each region to serve	132
on the Ohio health care board shall be a resident of the region's	133
most populous county and the other shall be a resident of any	134
county in the region other than the region's most populous county.	135

Except for the elections to the Ohio health care board at the	136
initial meeting of each regional health advisory committee, each	137
resident elected to the board shall be elected to a two-year term	138
of office. At the initial meeting, the resident from the most	139
populous county in the region shall be elected to a term of three	140
years.	141

(2) Annually, beginning in the second year following the	142
initial elections to the Ohio health care board, the chairperson	143
of each regional health advisory committee shall convene a meeting	144
within five calendar days of the same date of the same month as	145
the initial meeting of that regional health advisory committee to	146
elect a resident from the region to serve as a member of the Ohio	147
health care board. The regional health advisory committee shall	148
elect a resident of a county as is necessary to meet the	149
representation requirements set by division (D)(1) of this	150
section. No individual may serve as a member of the Ohio health	151
care board for more than four consecutive terms.	152

(3) In addition to meeting for the election of Ohio health	153
care board members, the regional health advisory committees shall	154
meet as necessary to fulfill any functions and responsibilities	155
assigned to them under sections 3920.01 to 3920.15 of the Revised	156
Code. Meetings shall be held at the call of the chairperson and as	157
may be provided by procedures adopted by the regional health	158
advisory committee.	159

(4) In addition to the fourteen members of the Ohio health	160
care board elected by the seven regional health advisory	161
committees, the director of health shall be a voting ex officio	162
member of the Ohio health care board.	163

(E)(1) The director of health shall set the time, place, and	164
date for the initial meeting of the Ohio health care board and	165
shall preside over the Ohio health care board's initial meeting.	166
The initial meeting shall be set not sooner than one hundred	167
fifteen days and not later than one hundred twenty-five days after	168
the effective date of this section.	169

(2) The members of the Ohio health care board annually shall	170
elect a member of the board to serve as chairperson at meetings of	171
the board. Meetings shall be held upon the call of the chairperson	172
and as provided by procedures prescribed by the Ohio health care	173
board. Two-thirds of the members of the Ohio health care board	174
shall constitute a quorum for the conduct of business at meetings	175
of the board. Decisions at meetings of the Ohio health care board	176
shall be reached by majority vote.	177

(3) All meetings of the Ohio health care board are open to	178
the public unless questions of patient confidentiality arise. The	179
Ohio health care board may go into closed executive session with	180
regard to issues related to confidential patient information. The	181
fourteen members of the Ohio health care board elected by the	182
regional health advisory committees shall receive an annual salary	183
and benefits established in accordance with division (J) of	184
section 124.15 of the Revised Code.	185

(F) The seven regional health advisory committees shall act	186
as advisory bodies to the Ohio health care board, representing	187
their individual regions. The regional health advisory committees	188
shall oversee the management of consumer and provider complaints	189
originating in their respective regions and shall hold a hearing	190
on all such complaints. The regional health advisory committees	191
shall offer assistance to resolve consumer and provider disputes	192
and shall seek the agreement of all parties to the dispute to	193
submit the dispute to negotiation or binding arbitration. A	194
regional health advisory committee shall transfer any dispute that	195
is not resolved at the regional level to the director of the Ohio	196
health care agency's department of consumer affairs within six	197
months; however, the committee may vote to transfer individual	198
disputes at an earlier date.	199

(G)(1) If a vacancy occurs on the Ohio health care board for	200
any reason, resulting in a region being without full	201
representation on the board, that region's health advisory	202
committee shall elect a resident of that region to fill the	203
vacancy. Any resident elected to fill a vacancy shall serve the	204
remainder of the departing member's term. The health advisory	205
committee shall elect a resident of a county as necessary to meet	206
the representation requirements set by division (D)(1) of this	207
section.	208

(2) A serving member of the Ohio health care board shall	209
continue to serve following the expiration of their term until a	210
successor takes office or a period of ninety days has elapsed,	211
whichever occurs first.	212

(H)(1) The members and staff of the Ohio health care board	213
and employees of the Ohio health care agency, and their immediate	214
families, are prohibited from having any pecuniary interest in any	215
business with a contract, or in negotiation for a contract, with	216
either the Ohio health care board or Ohio health care agency, or	217
that is subject to the Ohio health care board's oversight. The	218
members and staff of the Ohio health care board and employees of	219
the Ohio health care agency shall not receive remuneration for	220
health care service of any kind during their term of service or	221
employment. The members and staff of the Ohio health care board	222
and employees of the Ohio health care agency, and their immediate	223
families, shall not receive consulting fees of any kind from any	224
source that is directly or indirectly related to the delivery of	225
health care services pursuant to the Ohio health care plan. The	226
members and staff of the Ohio health care board and employees of	227
the Ohio health care agency, and their immediate families, are	228
prohibited from owning stock in, and from investing in mutual	229
funds holding stock in, pharmaceutical companies, health	230
maintenance organizations, or other businesses that relate	231
directly or indirectly to the delivery of health care services,	232
unless the stock or mutual funds are in a blind trust.	233

(2) No member of the Ohio health care board other than the	234
director of health shall hold any other salaried public position	235
with the state, either elected or appointed, during the member's	236
tenure on the board. The director of health shall receive no	237
salary or benefits by virtue of the director's service on the Ohio	238
health care board.	239

(3) The chairperson of the Ohio health care board may conduct	240
hearings to determine if a violation of this division has	241
occurred. Notice of any hearing, the conduct of the hearing, and	242
all other matters relating to the holding of the hearing shall be	243
governed by Chapter 119. of the Revised Code. If a member of the	244
Ohio health care board, or of the member's immediate family, is	245
found to have violated this division, the chairperson of the Ohio	246
health care board of health shall remove the member from the Ohio	247
health care board. If a staffer of the Ohio health care board or	248
an employee of the Ohio health care agency, or a member of the	249
staffer's or employee's immediate family, is found to have	250
violated this division, the Ohio health care board or Ohio health	251
care agency shall take appropriate disciplinary action against the	252
staffer or employee, which action may include termination of	253
employment.	254

Sections 101.82 and 101.83 of the Revised Code do not apply	255
to the Ohio health care board and the regional health advisory	256
committees.	257

Sec. 3920.04.  (A) The Ohio health care board is responsible	258
for directing the Ohio health care agency in the performance of	259
all duties, the exercise of all powers, and the assumption and	260
discharge of all functions vested in the Ohio health care agency.	261
The Ohio health care board shall adopt rules in accordance with	262
Chapter 119. of the Revised Code as needed to carry out the	263
purposes of, and to enforce, Chapter 3920. of the Revised Code.	264

(B) The duties and functions of the Ohio health care board	265
include, but are not limited to, the following:	266

(1) Implementing statutory eligibility standards for	267
benefits;	268

(2) Annually adopting a benefits package for participants of	269
the Ohio health care plan;	270

(3) Acting directly or through one or more contractors as the	271
single payer for all claims for health care services made under	272
the Ohio health care plan;	273

(4) Developing and implementing separate formulas for	274
determining budgets under sections 3920.21 to 3920.28 of the	275
Revised Code;	276

(5) Annually reviewing the formulas for determining the	277
appropriateness and sufficiency of rates, fees, and prices;	278

(6) Providing for timely payments to providers through a	279
structure that is well organized and that eliminates unnecessary	280
administrative costs;	281

(7) Implementing, to the extent permitted by federal law,	282
standardized claims and reporting methods for use by the Ohio	283
health care plan;	284

(8) Developing a system of centralized electronic claims and	285
payments;	286

(9) Establishing an enrollment system that will ensure that	287
all eligible Ohio residents, including those who travel	288
frequently, those who cannot read, and those who do not speak	289
English, are aware of their right to health care and are formally	290
enrolled in the Ohio health care plan;	291

(10) Reporting annually to the general assembly and the	292
governor, on or before the first day of October, on the	293
performance of the Ohio health care plan, the fiscal condition of	294
the Ohio health care plan, any need for rate adjustments,	295
recommendations for statutory changes, the receipt of payments	296
from the federal government, whether current year goals and	297
priorities were met, future goals and priorities, and major new	298
technology or prescription drugs that may affect the cost of the	299
health care services provided by the Ohio health care plan;	300

(11) Administering the revenues of the Ohio health care fund	301
pursuant to section 3920.09 of the Revised Code;	302

(12) Obtaining appropriate liability and other forms of	303
insurance to provide coverage for the Ohio health care plan, the	304
Ohio health care board, the Ohio health care agency, and their	305
employees and agents;	306

(13) Establishing, appointing, and funding appropriate staff	307
for the Ohio health care agency throughout Ohio;	308

(14) Procuring requisite office space and administrative	309
support;	310

(15) Administering aspects of the Ohio health care agency by	311
taking actions that include, but are not limited to, the	312
following:	313

(a) Establishing standards and criteria for the allocation of	314
operating funds;	315

(b) Meeting regularly with the executive director and	316
administrators of the Ohio health care agency to review the impact	317
of the agency and its policies on the regional districts	318
established under section 3920.03 of the Revised Code;	319

(c) Establishing goals for the health care system established	320
pursuant to the Ohio health care plan in measurable terms;	321

(d) Establishing statewide health care databases to support	322
health care services planning;	323

(e) Implementing policies, and developing mechanisms and	324
incentives, to assure culturally and linguistically sensitive	325
care;	326

(f) Establishing standards and criteria for the determination	327
of appropriate compensation and training for residents of Ohio who	328
are displaced from work due to the implementation of the Ohio	329
health care plan;	330

(g) Establishing methods for the recovery of costs for health	331
care services provided pursuant to the Ohio health care plan to a	332
participant that are covered under the terms of a policy of	333
insurance, a health benefit plan, or other collateral source	334
available to the participant under which the participant has a	335
right of action for compensation. Receipt of health care services	336
pursuant to the Ohio health care plan shall be deemed an	337
assignment by the participant of any right to payment for services	338
from any policy, plan, or other source. The other source of health	339
care benefits shall pay to the Ohio health care fund all amounts	340
it is obligated to pay to the participant for covered health care	341
services. The Ohio health care board may commence any action	342
necessary to recover the amounts due.	343

(16) Appointing a technical and medical advisory board. The	344
members of the technical and medical advisory board shall	345
represent a cross section of the medical and provider community	346
and consumers, and shall include two persons, one being a provider	347
and the other representing consumers, from each region designated	348
in section 3920.03 of the Revised Code. The members of the	349
technical and medical advisory board shall be reimbursed for	350
actual and necessary expenses incurred in the performance of their	351
duties. The technical and medical advisory board's duties include:	352

(a) Advising the Ohio health care board on the establishment	353
of policy on medical issues, population-based public health	354
issues, research priorities, scope of services, expanding access	355
to health care services, and evaluating the performance of the	356
Ohio health care plan;	357

(b) Investigating proposals for innovative approaches to the	358
promotion of health, the prevention of disease and injury, patient	359
education, research, and health care delivery;	360

(c) Advising the Ohio health care board on the establishment	361
of standards and criteria to evaluate requests from health care	362
facilities for capital improvements.	363

(C) The Ohio health care board shall employ and fix the	364
compensation of Ohio health care agency personnel, with the	365
approval of the department of administrative services, as needed	366
by the agency to properly discharge the agency's duties. The	367
employment of personnel by the Ohio health care board is subject	368
to the civil service laws of this state. The Ohio health care	369
board shall employ personnel including, but not limited to, the	370
following:	371

(1) Executive director;

372

(2) Administrator of planning, research, and development;

373

(3) Administrator of finance;

374

(4) Administrator of quality assurance;

375

(5) Administrator of consumer affairs;

376

(6) Legal counsel to represent the Ohio health care agency	377
and Ohio health care board in any legal action brought by or	378
against the agency or board under or pursuant to any provision of	379
the Revised Code under the agency's or board's jurisdiction.	380

(D) No member of the Ohio health care board or individual on	381
the staff of the Ohio health care board or Ohio health care agency	382
shall use for personal benefit any information filed with or	383
obtained by the Ohio health care board that is not then readily	384
available to the public. No member of the Ohio health care board	385
shall use or in any way attempt to use their position as a member	386
to influence a decision of any other governmental body.	387

Sections 101.82 and 101.83 of the Revised Code do not apply	388
to the technical and medical advisory board established pursuant	389
to this section.	390

Sec. 3920.05.  The executive director of the Ohio health care	391
agency appointed under section 3920.04 of the Revised Code is the	392
chief administrator of the Ohio health care plan and shall	393
administer and enforce Chapter 3920. of the Revised Code. The	394
executive director shall oversee the operation of the Ohio health	395
care agency and the agency's performance of any duties assigned by	396
the Ohio health care board.	397

Sec. 3920.06.  (A) The executive director of the Ohio health	398
care agency shall determine the duties of the administrator of	399
planning, research, and development. Those duties shall include,	400
but not be limited to, the following:	401

(1) Establishing policy on medical issues, population-based	402
public health issues, research priorities, scope of services, the	403
expansion of participants' access to health care services, and	404
evaluating the performance of the Ohio health care plan;	405

(2) Investigating proposals for innovative approaches for the	406
promotion of health, the prevention of disease and injury, patient	407
education, research, and the delivery of health care services;	408

(3) Establishing standards and criteria for evaluating	409
applications from health care facilities for capital improvements.	410

(B)(1) The executive director shall determine the duties of	411
the administrator of consumer affairs. Those duties shall include,	412
but not be limited to, the following:	413

(a) Developing educational and informational guides for	414
consumers that describe consumer rights and responsibilities and	415
that inform consumers of effective ways to exercise consumer	416
rights to obtain health care services. The guides shall be easy to	417
read and understand and available in English and in other	418
languages. The Ohio health care agency shall make the guides	419
available to the public through public outreach and educational	420
programs and through the internet web site of the Ohio health care	421
agency.	422

(b) Establishing a toll-free telephone number to receive	423
questions and complaints regarding the Ohio health care agency and	424
the agency's services. The Ohio health care agency's internet web	425
site shall provide complaint forms and instructions online.	426

(c) Examining suggestions from the public;

427

(d) Making recommendations for improvements to the Ohio	428
health care board;	429

(e) Examining the extent to which individual health care	430
facilities in a region meet the needs of the community in which	431
they are located;	432

(f) Receiving, investigating, and responding to all	433
complaints about any aspect of the Ohio health care plan and	434
referring the results of all investigations into the provision of	435
health care services by health care providers or facilities to the	436
appropriate provider or health care facility licensing board, or	437
when appropriate, to a law enforcement agency;	438

(g) Publishing an annual report for the public and the	439
general assembly that contains a statewide evaluation of the Ohio	440
health care agency and of the delivery of health care services in	441
each region established under section 3920.03 of the Revised Code;	442

(h) Holding public hearings, at least annually, within each	443
region established under section 3920.03 of the Revised Code for	444
public suggestions and complaints.	445

(2) The administrator of consumer affairs shall work closely	446
with the seven regional health advisory committees on the	447
resolution of complaints. In the discharge of the administrator's	448
duties, the administrator shall have unlimited access to all	449
nonconfidential and nonprivileged documents in the custody and	450
control of the agency. Nothing in Chapter 3920. of the Revised	451
Code prohibits a consumer or class of consumers, or the	452
administrator of consumer affairs, from seeking relief through the	453
courts.	454

(C) The executive director, in consultation with the	455
technical and medical advisory board, shall determine the duties	456
of the administrator of quality assurance. Those duties shall	457
include, but not be limited to, the following:	458

(1) Studying and reporting on the efficacy of health care	459
treatments and medications for particular conditions;	460

(2) Identifying causes of medical errors and devising	461
procedures to decrease medical errors;	462

(3) Establishing an evidence-based formulary;

463

(4) Identifying treatments and medications that are unsafe or	464
have no proven value;	465

(5) Establishing a process for soliciting information on	466
medical standards from providers and consumers for purposes of	467
this division.	468

(D) The executive director shall determine the duties of the	469
administrator of finance. Those duties shall include, but not be	470
limited to, the following:	471

(1) Administering the Ohio health care fund;

472

(2) Making prompt payments to providers;

473

(3) Developing a system of centralized claims and payments;

474

(4) Communicating to the treasurer of state when funds are	475
needed for the operation of the Ohio health care plan;	476

(5) Developing information systems for utilization review;

477

(6) Investigating possible provider or consumer fraud.

478

Sec. 3920.07.  (A) All Ohio residents and individuals	479
employed in Ohio, including the homeless and migrant workers, are	480
eligible for coverage under the Ohio health care plan. The Ohio	481
health care board shall establish standards and a simplified	482
procedure to demonstrate proof of residency. The Ohio health care	483
board shall establish a procedure to enroll eligible residents and	484
employees and to provide each individual covered under the Ohio	485
health care plan with identification that providers may use to	486
determine eligibility for health care services under the Ohio	487
health care plan.	488

(B) If waivers are not obtained under sections 3920.31 to	489
3920.33 of the Revised Code from the medical assistance and	490
medicare programs operated under Title XVIII or XIX of the "Social	491
Security Act," 49 Stat. 20 (1935), 42 U.S.C. 301, as amended, or	492
whenever a necessary waiver is not in effect, the medical	493
assistance and medicare programs shall act as the primary insurers	494
for Ohio residents and individuals employed in this state for	495
health coverage and the Ohio health care plan shall serve as the	496
secondary or supplemental plan of health coverage. When the Ohio	497
health care plan serves as a secondary or supplemental plan of	498
health coverage the Ohio health care plan shall not provide	499
coverage to an Ohio resident or individual employed in this state	500
for any covered health care service that the resident or worker is	501
then eligible to receive under the medical assistance or medicare	502
program.	503

(C) A plan of employee health coverage provided by an	504
out-of-state employer to an Ohio resident working outside of this	505
state shall serve as the employee's primary plan of health	506
coverage and the Ohio health care plan shall serve as the	507
employee's secondary plan of health coverage.	508

(D) The Ohio health care agency shall bill an out-of-state	509
employer or the employer's insurer for the cost of covered health	510
care services provided in accordance with the Ohio health care	511
plan to residents of this state employed by the out-of-state	512
employer when the health care services provided are covered under	513
the terms of the employer's plan of employee health coverage.	514

(E) The Ohio health care plan shall reimburse Ohio health	515
care board approved providers practicing outside of this state at	516
Ohio health care plan rates for health care services rendered to a	517
plan participant while the participant is out of state.	518

(F) Any employer operating in this state may purchase	519
coverage under the Ohio health care plan for an employee who lives	520
out of state but who works in this state.	521

(G) Any institution of higher education, as defined in	522
section 2741.01 of the Revised Code, located in this state may	523
purchase coverage under the Ohio health care plan for a student	524
who does not otherwise have status as a resident of this state.	525

(H) Any individual who arrives at a health care facility	526
unconscious or otherwise unable due to their mental or physical	527
condition to document eligibility for coverage under the Ohio	528
health care plan shall be presumed to be eligible.	529

Sec. 3920.08.  (A) The Ohio health care board shall establish	530
a single health benefits package that shall include, but not be	531
limited to, all of the following:	532

(1) Inpatient and outpatient provider care, both primary and	533
secondary;	534

(2) Emergency services, as defined in division (A) of section	535
3923.65 of the Revised Code, twenty-four hours each day on a	536
prudent layperson standard. Residents who are temporarily out of	537
state may receive benefits for emergency services rendered in that	538
state. The Ohio health care agency shall make timely emergency	539
services, including hospital care and triage, available to all	540
Ohio residents, including all residents not enrolled in the Ohio	541
health care plan.	542

(3) Emergency and other transportation services to covered	543
health care services, subject to division (B) of this section;	544

(4) Rehabilitation services, including speech, occupational,	545
and physical therapy;	546

(5) Inpatient and outpatient mental health services and	547
substance abuse treatment;	548

(6) Hospice care;

549

(7) Prescription drugs and prescribed medical nutrition;

550

(8) Vision care, aids, and equipment;

551

(9) Hearing care, hearing aids, and equipment;

552

(10) Diagnostic medical tests, including laboratory tests and	553
imaging procedures;	554

(11) Medical supplies and prescribed medical equipment, both	555
durable and nondurable;	556

(12) Immunizations, preventive care, health maintenance care,	557
and screening;	558

(13) Dental care;

559

(14) Home health care services.

560

(B) The Ohio health care plan shall provide necessary	561
transportation in each county to covered health care services.	562
Independent transportation providers shall be reimbursed on a	563
fee-for-service basis. Fee schedules for covered transportation	564
may take into account the recognized differences among geographic	565
areas regarding cost. A covered transportation benefits account is	566
hereby created within the Ohio health care fund.	567

(C) The Ohio health care plan shall not exclude or limit	568
coverage of its participants' pre-existing conditions.	569

(D) Residents enrolled in the Ohio health care plan are not	570
subject to copayments, point-of-service charges, or any other fee	571
or charge, and shall not be directly billed by providers for	572
covered health care services provided to the resident.	573

(E) The Ohio health care board, with the consent of the	574
technical and medical advisory board, shall remove or exclude	575
procedures and treatments, equipment, and prescription drugs from	576
the Ohio health care plan's benefit package that the board finds	577
unsafe, experimental, of no proven value, or that add no	578
therapeutic value.	579

(F) The Ohio health care board shall exclude coverage for any	580
surgical, orthodontic, or other medical procedure, or prescription	581
drug, that the technical and medical advisory board determines was	582
or will be provided primarily for cosmetic purposes, unless	583
required to correct a congenital defect, to restore or correct	584
disfigurements resulting from injury or disease, or that is	585
determined to be medically necessary by a qualified, licensed	586
provider.	587

(G) Participants shall have free choice of the providers	588
eligible to participate in the Ohio health care plan.	589

(H) No provider shall be compelled by the Ohio health care	590
agency to offer any particular service, provided that the provider	591
does not discriminate among patients in providing health care	592
services.	593

(I) The Ohio health care plan and the providers participating	594
in the plan shall not discriminate on the basis of race, color,	595
religion, gender, age, national origin, sexual orientation, health	596
status, mental or physical disability, employment status, veteran	597
status, or occupation.	598

Sec. 3920.09.  (A) The Ohio health care fund is hereby	599
established in the state treasury. The administrator of finance of	600
the Ohio health care agency shall administer and monitor the Ohio	601
health care fund. All moneys collected and received by the Ohio	602
health care plan shall be transmitted to the treasurer of state	603
for deposit into the Ohio health care fund, to be used to finance	604
the Ohio health care plan and to pay the costs of compensation and	605
training for displaced workers pursuant to section 3920.11 of the	606
Revised Code.	607

(B) The treasurer of state may invest the interest earned by	608
the Ohio health care fund in any manner authorized by the Revised	609
Code for the investment of state moneys. Any revenue or interest	610
earned from the investments shall be credited to the Ohio health	611
care fund.	612

(C) All provider claims for payment for health care services	613
rendered under the Ohio health care plan shall be transmitted to	614
the Ohio health care fund by the provider or the provider's agent.	615
The format of, and the method of transmitting, provider claims	616
shall be determined by the Ohio health care board.	617

(D) All payments for health care services rendered under the	618
Ohio health care plan shall be disbursed from the Ohio health care	619
fund. The administrator of finance of the Ohio health care agency	620
shall establish a reserve account within the Ohio health care	621
fund. When the revenue available to the Ohio health care plan in	622
any biennium exceeds the total amount expended or obligated during	623
that biennium, the excess revenue shall be transferred to the	624
reserve account. The Ohio health care board may use the money in	625
the reserve account for expenses of the Ohio health care agency or	626
the Ohio health care plan.	627

(E) The administrator of finance of the Ohio health care	628
agency shall notify the Ohio health care board when the annual	629
expenditures or anticipated future expenditures of the Ohio health	630
care plan appear to be in excess of the revenues or anticipated	631
revenues for the same period. The Ohio health care board shall	632
implement appropriate cost control measures based on the	633
notification. The Ohio health care board shall seek a special	634
appropriation for the Ohio health care fund if the cost control	635
measures implemented do not reduce the Ohio health care plan's	636
expenditures to an amount that may be covered by its revenue.	637

Sec. 3920.10.  (A) The Ohio health care board shall establish	638
written procedures for the receipt and resolution of disputes and	639
grievances. The procedures shall provide for an initial hearing	640
before the appropriate regional health advisory committee in	641
accordance with division (F) of section 3920.03 of the Revised	642
Code. The board shall accord to plaintiffs the right to be heard	643
at the hearing.	644

(B) Any party aggrieved by an order or decision issued	645
pursuant to the procedures established in division (A) of this	646
section may appeal the order or decision to the court of common	647
pleas. The appellant shall file a notice of appeal with the Ohio	648
health care board within fifteen days of the filing of the appeal	649
with the court of common pleas.	650

(C) Appeals of denied claims may be submitted by Ohio health	651
care plan beneficiaries or providers, or businesses selling	652
medical equipment and supplies to the Ohio health care board. The	653
board shall conduct appeals in compliance with its written	654
procedures and both laws of this state and federal laws.	655

Sec. 3920.11.  (A) The department of job and family services	656
shall determine which residents of this state employed by a health	657
care insurer, health insuring corporation, or other health care	658
related business, have lost employment as a result of the	659
implementation and operation of the Ohio health care plan. The	660
department also shall determine the amount of monthly wages that	661
the resident lost due to the plan's implementation. The department	662
shall attempt to position these displaced workers in comparable	663
positions of employment with the Ohio health care agency.	664

(B) The department of job and family services shall forward	665
the information on the amount of monthly wages lost by Ohio	666
residents due to the implementation of the Ohio health care plan	667
to the Ohio health care agency. The Ohio health care agency shall	668
determine the amount of compensation and training that each	669
displaced worker shall receive and shall submit a claim to the	670
Ohio health care fund for payment. A displaced worker, however,	671
shall not receive compensation from the Ohio health care fund in	672
excess of sixty thousand dollars per year for two years.	673
Compensation paid to the displaced worker under this section shall	674
serve as a supplement to any compensation the worker receives from	675
the department of job and family services.	676

Sec. 3920.12.  (A) Any employer operating in this state and	677
providing employees with benefits under a public or private health	678
care policy, plan, or agreement as of the date that benefits are	679
initially provided pursuant to Chapter 3920. of the Revised Code,	680
which benefits are less valuable than those provided by the Ohio	681
health care plan, may participate in the Ohio health care plan or	682
shall provide additional benefits so that, until the expiration of	683
the policy, plan, or agreement, the benefits provided by the	684
employer at least equal the amount and scope of the benefits	685
provided by the Ohio health care plan. If an employer chooses to	686
provide additional benefits to match or exceed the benefits	687
provided by the Ohio health care plan the additional benefits	688
shall include the employer's payment of any employee premium	689
contributions, copayments, and deductible payments called for by	690
the policy, contract, or agreement. Employers are exempt from all	691
health taxes imposed under Chapter 3920. of the Revised Code until	692
the expiration of the policy, plan, or agreement, at which point	693
the employer and the employer's employees become participants in	694
the Ohio health care plan.	695

(B) A person covered by a health care policy, plan, or	696
agreement that has its premiums paid for in any part with public	697
money, including money from the state, a political subdivision,	698
state educational institution, public school, or other entity,	699
shall be covered by the Ohio health care plan on the day that	700
benefits become available under the Ohio health care plan.	701

(C) Health care insurers, health insuring corporations, and	702
other persons selling or providing health care benefits may	703
deliver, issue for delivery, renew, or provide health benefit	704
packages that do not duplicate the health benefit package provided	705
by the Ohio health care plan, but shall not, except as provided by	706
division (A) of this section, deliver, issue for delivery, renew,	707
or provide health benefit packages that duplicate the health	708
benefit package provided by the Ohio health care plan.	709

Sec. 3920.13. The Ohio health care agency is subrogated to	710
all rights of a participant who has received benefits, or who has	711
a right to benefits, under any other policy or contract of health	712
care.	713

Sec. 3920.14.  (A) All providers, as defined in section	714
3920.01 of the Revised Code, may participate in the Ohio health	715
care plan.	716

(B) The Ohio health care board and the technical and medical	717
advisory board shall assess the number of primary and specialty	718
providers needed to supply adequate health care services to all	719
participants in the Ohio health care plan, and shall develop a	720
plan to meet that need. The Ohio health care board shall develop	721
incentives for providers in order to increase residents' access to	722
health care services in unserved or underserved areas of the	723
state.	724

(C) The Ohio health care board annually shall evaluate	725
residents' access to trauma care, and shall establish measures to	726
ensure participants have equitable access to trauma care and to	727
specialized medical procedures and technology.	728

(D) The Ohio health care board, with the advice of the	729
technical and medical advisory board and the administrator of	730
quality assurance, shall define performance criteria and goals for	731
the Ohio health care plan and shall report to the general assembly	732
at least annually on the plan's performance. The Ohio health care	733
board shall establish a system to monitor the quality of health	734
care and patient and provider satisfaction with that care and a	735
system to devise improvements to the provision of health care	736
services.	737

(E) All providers subject to the Ohio health care plan shall	738
provide data upon request to the Ohio health care board, which	739
data the board requires to devise methods to maintain and improve	740
the provision of health care services.	741

(F) The Ohio health care board, with the advice of the	742
technical and medical advisory board, shall coordinate the Ohio	743
health care plan's provision of health care services with any	744
other state and local agencies that provide health care services	745
directly to their residents.	746

Sec. 3920.15.  In the absence of fraud or bad faith, county	747
and city health commissioners, regional health advisory	748
committees, and the Ohio health care board and Ohio health care	749
agency and their members and employees, shall incur no liability	750
in relation to the performance of their duties and	751
responsibilities under sections 3920.01 to 3920.15 of the Revised	752
Code. The state shall incur no liability in relation to the	753
implementation and operation of the Ohio health care plan.	754

Sec. 3920.21.  (A) The Ohio health care board shall prepare	755
and recommend to the general assembly an annual budget for health	756
care that specifies and establishes a limit on total annual state	757
expenditures for health care provided pursuant to sections 3920.01	758
to 3920.15 of the Revised Code. The budget shall include all of	759
the following components:	760

(1) A system budget covering all expenditures for the system,	761
in accordance with section 3920.22 of the Revised Code;	762

(2) Provider budgets for the fee-for-service and integrated	763
health delivery system and for individual health care facilities	764
and their associated clinics, in accordance with section 3920.23	765
of the Revised Code;	766

(3) A capital investment budget in accordance with section	767
3920.24 of the Revised Code;	768

(4) A purchasing budget in accordance with section 3920.25 of	769
the Revised Code;	770

(5) A research and innovation budget in accordance with	771
section 3920.26 of the Revised Code.	772

(B) In preparing the budget, the Ohio health care board shall	773
consider anticipated increased expenditures and savings,	774
including, but not limited to, projected increases in expenditures	775
due to improved access for underserved populations and improved	776
reimbursement for primary care, projected administrative savings	777
under the single-payer mechanism, projected savings in	778
prescription drug expenditures under competitive bidding and a	779
single buyer, and projected savings due to provision of primary	780
care rather than emergency room treatment.	781

Sec. 3920.22. (A) The system budget referred to in division	782
(A)(1) of section 3920.21 of the Revised Code shall comprise the	783
cost of the system, services and benefits provided,	784
administration, data gathering, planning and other activities, and	785
revenues deposited with the system account of the Ohio health care	786
fund.	787

The Ohio health care board shall limit administrative costs	788
to five per cent of the system budget and shall annually evaluate	789
methods to reduce administrative costs and report the results of	790
that evaluation to the general assembly. The board shall also	791
limit growth of health care costs in the system budget by	792
reference to changes in state gross domestic product, population,	793
employment rates, and other demographic indicators, as	794
appropriate. Moneys in the reserve account of the Ohio health care	795
fund shall not be considered as available revenues for purposes of	796
preparing the system budget.	797

(B) The Ohio health care board shall implement cost control	798
measures pursuant to division (A) of this section. However, no	799
cost control measure shall limit access to care that is needed on	800
an emergency basis or that is determined by a patient's provider	801
to be medically appropriate for a patient's condition.	802

Mandatory cost control measures include, but are not limited	803
to, some or all of the following:	804

(1) Postponement of the introduction of new benefits or	805
benefit improvements;	806

(2) Postponement of new capital investment;

807

(3) Adjustment of provider budgets to correct for	808
inappropriate provider utilization;	809

(4) Establishment of a limit on provider reimbursement above	810
a specified amount of aggregate billing;	811

(5) Deferred funding of the reserve account;

812

(6) Establishment of a limit on aggregate reimbursements to	813
pharmaceutical manufacturers;	814

(7) Imposition of an eligibility waiting period in the event	815
of substantial influx of individuals into the state for purposes	816
of obtaining health care through the Ohio health care plan.	817

Sec. 3920.23. (A) The provider budgets referred to in	818
division (A)(2) of section 3920.21 of the Revised Code shall	819
include allocations for fee-for-service providers and capitated	820
providers. These allocations shall consider the relative usage of	821
fee-for-service providers and capitated providers. Each annual	822
provider budget shall include adjustments to reflect changes in	823
the utilization of services and the addition or exclusion of	824
covered services made by the Ohio health care board upon the	825
recommendation of the technical and medical advisory board and its	826
staff.	827

(B) Providers shall choose whether they will be compensated	828
as fee-for-service providers or as part of a capitated provider	829
network.	830

(1) The budget for fee-for-service providers shall be divided	831
among categories of licensed health care providers in order to	832
establish a total annual budget for each category. Each of these	833
category budgets shall be sufficient to cover all included	834
services anticipated to be required by eligible individuals	835
choosing fee-for-service at the rates negotiated or set by the	836
Ohio health care board, except as necessary for cost containment	837
purposes pursuant to section 3920.22 of the Revised Code.	838

The board shall negotiate fee-for-service reimbursement rates	839
or salaries for licensed health care providers. In the event	840
negotiations are not concluded in a timely manner, the board shall	841
establish the reimbursement rates. Reimbursement rates shall	842
reflect the goals of the system.	843

(2) The budget shall detail all operating expenses for health	844
care facilities or clinics that are not part of a capitated	845
provider network. In establishing a health care facility budget,	846
the Ohio health care board shall develop and utilize separate	847
formulas that reflect the differences in cost of primary,	848
secondary, and tertiary care services and health care services	849
provided by academic medical centers. The board shall negotiate	850
reimbursement rates with facilities and clinics. Reimbursement	851
rates shall reflect the goals of the system.	852

(C)(1) The budget for capitated providers shall be sufficient	853
to cover all included services anticipated to be required by	854
eligible individuals choosing an integrated health care delivery	855
system at the rates negotiated or set by the Ohio health care	856
board. All health care facilities, group practices, and integrated	857
health care systems shall submit annual operating budget requests	858
to the board and may choose to be reimbursed through a global	859
facility budget or on a capitated basis. The board shall adjust	860
budgets on the basis of the health risk of enrollees; the scope of	861
services provided; proposed innovative programs that improve	862
quality, workplace safety, or consumer, provider, or employee	863
satisfaction; costs of providing care for nonmembers; and an	864
appropriate operating margin.	865

(2) Providers that choose to operate a health care facility	866
on a capitated basis shall not be paid additionally on a	867
fee-for-service basis unless they are providing services in a	868
separate private medical practice or health care facility.	869
Providers and health care facilities that operate on a capitated	870
basis shall report immediately any projected operating deficits to	871
the Ohio health care board. The board shall determine whether the	872
projected deficits reflect appropriate increases in health care	873
needs, in which case the board shall adjust the provider or health	874
care facility budget appropriately. If the board determines that	875
the deficit is not justifiable, no adjustment shall be made.	876

(3) The board may terminate the funding for health care	877
facilities, group practices, and integrated health care systems or	878
particular services provided by them if they fail to meet	879
standards of care and practice established by the board. The board	880
shall make future funding contingent on measurable improvements in	881
quality of care and health care outcomes.	882

(D) The Ohio health care board shall prohibit charges to the	883
Ohio health care plan or to patients for covered health care	884
services other than those established by regulation, negotiation,	885
or the appeals process. Licensed health care providers who provide	886
services not covered by sections 3920.01 to 3920.15 of the Revised	887
Code may charge patients for those services.	888

Sec. 3920.24. (A) The capital investment budget referred to	889
in division (A)(3) of section 3920.21 of the Revised Code shall be	890
established by the Ohio health care board, with the advice of the	891
technical and medical advisory board and its staff, and shall	892
provide for capital maintenance and development. In preparing the	893
budget, the Ohio health care board shall determine capital	894
investment priorities and evaluate whether the capital investment	895
program has improved access to services and has eliminated	896
redundant capital investments.	897

(B) All capital investments valued at five hundred thousand	898
dollars or greater, including the costs of studies, surveys,	899
design plans and working drawing specifications, and other	900
activities essential to planning and execution of capital	901
investment, and all capital investments that change the bed	902
capacity of a health care facility or add a new service or license	903
category incurred by any health system entity, shall require the	904
approval of the Ohio health care board. When a health care	905
facility, or individual acting on behalf of a health care	906
facility, or any other purchaser, obtains by lease or comparable	907
arrangement any health care facility or part of a health care	908
facility, or any equipment for a health care facility, the market	909
value of which would have been a capital expenditure, the lease or	910
arrangement shall be considered a capital expenditure for purposes	911
of sections 3920.01 to 3920.15 of the Revised Code.	912

(C) Health care facilities shall provide the Ohio health care	913
board with at least three-months' advance notice of any planned	914
capital investment of more than fifty thousand dollars but less	915
than five hundred thousand dollars. These capital investments	916
shall minimize unneeded expansion of health care facilities and	917
services based on the priorities and goals for capital investment	918
established by the board.	919

(D) No capital investment shall be undertaken using funds	920
from a health care facility operating budget.	921

Sec. 3920.25. The purchasing budget referred to in division	922
(A)(4) of section 3920.21 of the Revised Code shall provide for	923
the purchase of prescription drugs and durable and nondurable	924
medical equipment for the system. The Ohio health care board shall	925
purchase all prescription drugs and durable and nondurable medical	926
equipment for the system from this budget.	927

Sec. 3920.26. The research and innovation budget referred to	928
in division (A)(5) of section 3920.21 of the Revised Code shall	929
support research and innovation that has been recommended by the	930
Ohio health care board, the technical and medical advisory board,	931
and the administrator of consumer affairs. This research and	932
innovation includes, but is not limited to, methods for improving	933
the administration of the system, improving the quality of health	934
care, educating patients, and improving communication among health	935
care providers.	936

Sec. 3920.27. The Ohio health care board shall establish a	937
capital account in the Ohio health care fund as part of the Ohio	938
health care plan. Moneys in the account shall be used solely to	939
pay for the establishment and maintenance of a loan program for	940
health care facilities and equipment for use by health care	941
professionals who desire to establish practices in areas of the	942
state in which, according to criteria established by the board,	943
the level of health care services is inadequate.	944

Sec. 3920.28. Funding of the Ohio health care plan shall be	945
obtained from the following sources:	946

(A) Funds made available to the Ohio health care plan	947
pursuant to sections 3920.31 to 3920.33 of the Revised Code;	948

(B) Funds obtained from other federal, state, and local	949
governmental sources and programs;	950

(C) Receipts from taxes levied on employers' payrolls to be	951
paid by employers. The tax rate in the first year shall not exceed	952
three and eighty-five hundredths per cent of the payroll.	953

(D) Receipts from additional taxes levied on businesses'	954
gross receipts. The tax rate in the first year shall not exceed	955
three per cent of the gross receipts.	956

(E) Receipts from additional income taxes, equal to six and	957
two-tenths per cent of an individual's compensation in excess of	958
the amount subject to the social security payroll tax;	959

(F) Receipts from additional income taxes, equal to five per	960
cent of all of an individual's Ohio adjusted gross income, less	961
the exemptions allowed under section 5747.025 of the Revised Code,	962
in excess of two hundred thousand dollars.	963

Sec. 3920.31.  (A) As used in sections 3920.31 to 3920.33 of	964
the Revised Code:	965

(1) "CHIP" means the children's health insurance program	966
parts I and II provided for by sections 5101.50 to 5101.5110 of	967
the Revised Code.	968

(2) "Federal employees health benefits program" means the	969
program of health insurance benefits available to employees of the	970
federal government that the United States office of personnel	971
management is authorized to contract for under 5 U.S.C. 8902.	972

(3) "Federal poverty guidelines" has the same meaning as in	973
section 5101.46 of the Revised Code.	974

(4) "Medicaid" means the program provided for under Title XIX	975
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396,	976
as amended.	977

(5) "Medicare" means the program provided for under Title	978
XVII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	979
1395, as amended.	980

(B) At the request of the Ohio health care board, the Ohio	981
health care agency's executive director shall seek federal	982
financial participation in the Ohio health care plan, including	983
funding otherwise available under medicare, medicaid, CHIP, and	984
the federal employees health benefits program. The executive	985
director shall request that the amount of the federal financial	986
participation be at least equal to the medicaid federal financial	987
participation rate in effect for this state on the effective date	988
of this section. The executive director shall periodically seek	989
adjustments to the federal financial participation rate for the	990
Ohio health care plan to reflect changes in the state domestic	991
gross product, the state's population, including changes in age	992
groups, and the number of residents with income below the federal	993
poverty guidelines.	994

Sec. 3920.32.  At the request of the Ohio health care board,	995
the Ohio health care agency's executive director shall negotiate	996
with the United States office of personnel management to have	997
included in the Ohio health care plan residents of this state who	998
would otherwise be covered by the federal employees health	999
benefits program. As part of the negotiations, the executive	1000
director shall seek to have the federal government provide the	1001
Ohio health care plan with amounts equal to the amount federal	1002
employees participating in the Ohio health care plan would	1003
otherwise pay as premiums under the federal employees health	1004
benefits program.	1005

Sec. 3920.33.  At the request of the Ohio health care board,	1006
the director of job and family services shall seek any federal	1007
waivers necessary for the Ohio health care plan to receive federal	1008
financial participation under section 3920.31 of the Revised Code	1009
otherwise available under the medicaid and CHIP programs.	1010
Notwithstanding sections 5101.50 to 5101.5110 of the Revised Code	1011
and Chapter 5111. of the Revised Code, the director of job and	1012
family services shall cease to implement the medicaid and CHIP	1013
programs on implementation of federal waivers authorizing the use	1014
of federal medicaid and CHIP funds for the Ohio health care plan,	1015
if necessary due to the implementation of the waivers.	1016

Section 2. That existing section 109.02 of the Revised Code	1017
is hereby repealed.	1018

Section 3. In the first two years following the effective	1019
date of sections 3920.01 to 3920.33 of the Revised Code, the Ohio	1020
Health Care Board shall prepare for the delivery of universal,	1021
affordable health care coverage to all eligible Ohio residents and	1022
individuals employed in Ohio. The Ohio Health Care Board shall	1023
appoint a Transition Advisory Group to assist with the transition	1024
to the provision of care under the Ohio Health Care Plan. The	1025
transition group shall include, but is not limitedto, a broad	1026
selection of experts in health care finance and administration,	1027
providers from a variety of medical fields, representatives of	1028
Ohio's counties, employers and employees, representatives of	1029
hospitals and clinics, and representatives from state regulatory	1030
bodies. Members of the Transition Advisory Group shall be	1031
reimbursed by the Ohio Health Care Agency for necessary and actual	1032
expenses incurred in the performance of their duties as members.	1033