Sub. H.B. 215*

128th General Assembly

(As Reported by S. Health, Human, Services & Aging)

 

Reps.     Letson and Mecklenborg, Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn, Amstutz, Batchelder, Beck, Belcher, Blair, Bolon, Book, Boose, Brown, Bubp, Burke, Combs, DeBose, DeGeeter, Derickson, Domenick, Dyer, Evans, Garrison, Gerberry, Goodwin, Hackett, Hall, Harris, Hite, Jordan, Lundy, McClain, McGregor, Newcomb, Oelslager, Patten, Ruhl, Sayre, Sears, Stebelton, Stewart, Uecker, Wagner, Zehringer

STATE DENTAL BOARD PROCESSES AND RULES

·         Modifies the process by which the State Dental Board investigates and disciplines dentists, dental hygienists, and dental x-ray machine operators.

·         Creates the supervisory investigative panel of the Board, consisting of the Board's secretary and vice-secretary, a position the bill creates, and prohibits the panel members from participating in any additional deliberations the Board has on a case.

·         Requires the Board to appoint three referees or examiners to oversee disciplinary hearings and makes the referee's or examiner's name a public record.

·         Makes applicants for a license or certificate issued by the Board subject to the grounds for discipline extended to licensees or certificate holders under current law.

·         Permits, rather than requires, the Board to develop and implement the Quality Intervention Program and establishes time limits on participation and monitoring in the Program.

·         Creates notification processes for the Board when a dentist fails to renew a license or submit proper documentation regarding required continuing education, and eliminates provisions that require dentists' licenses to be automatically suspended for failure to renew.

·         Makes the adoption of Board rules regarding safe practices subject to the Administrative Procedure Act.

CONTINUING EDUCATION--DENTAL HYGIENISTS

·         Clarifies when a dental hygienist is subject to a recently enacted increase in the number of continuing education hours that must be completed every two years.

ADMINISTRATIVE ADJUDICATIONS--NOTICES OF APPEAL

·         Requires a person who is appealing an order issued in an administrative adjudication merely to state, in the person's notice of appeal, that the order is not supported by reliable, probative, and substantial evidence and is not in accordance with law.

·         Authorizes a person who is appealing an order issued in an administrative adjudication to set forth specific grounds for the person's appeal that go beyond the statement described above.

·         Specifies that the notice of appeal a person files with the administrative agency or court may either be the original notice or a copy of the original.

·         Specifies that the bill's changes to the provisions governing notices of appeal in administrative adjudications are procedural in nature and must be applied retrospectively to all administrative appeals filed during a specified period of time before the bill's effective date.

AUDIOLOGISTS AND SPEECH PATHOLOGISTS

·         Reauthorizes certain persons to obtain an audiologist license without holding a doctor of audiology degree.

·         Establishes a process whereby an audiologist or speech-language pathologist may seek inactive classification of the audiologist's or speech-language pathologist's license.

·         Provides that a nursing facility provider is not required to bill Medicaid for the Medicare cost-sharing expenses of a resident of the facility who is eligible to have Medicaid pay for a part of the expenses if the provider determines that the facility would not receive a Medicaid payment for any part of the expenses and specifies that, in such a situation, the claim for the expenses is to be considered to have been adjudicated at no payment.

STATE DENTAL BOARD PROCESSES AND RULES.. 4

Investigations and disciplinary proceedings. 4

Overview.. 4

Complaints. 4

Investigations. 5

Disciplinary options if reasonable grounds exist regarding an alleged violation. 7

Disciplinary hearings. 7

Decisions and appeals. 11

Disciplinary actions. 11

Applicants subject to grounds for disciplinary action. 12

Quality Intervention Program.. 12

Duration of participation. 12

Notification for failure to renew a license. 13

Notification for failure to submit continuing education documentation. 13

Rules regarding safe practice. 14

Board officers. 14

 

CONTINUING EDUCATION--DENTAL HYGIENISTS.. 14

Implementation of the increased requirements for continuing education. 14

 

ADMINISTRATIVE ADJUDICATIONS--NOTICES OF APPEAL. 15

Background. 15

Content of notices of appeal; filing of original or copy of notice. 15

Nature of amendments and retroactivity. 16

 

AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS.. 16

Audiology license applicants with master's degrees. 16

Inactive classification of license. 17

Application and fee. 17

Requirements and effective date. 17

Prohibitions. 17

Board's ability to pursue disciplinary action. 17

Reactivation. 17

Rulemaking authority. 17

 

MEDICAID.. 18

Medicaid claims for Medicare cost-sharing expenses of nursing facility residents. 18

 

STATE DENTAL BOARD PROCESSES AND RULES

Investigations and disciplinary proceedings

Overview

Currently, the 13-member State Dental Board regulates and licenses or certifies, as applicable, dentists, dental hygienists, and dental x-ray machine operators.  As a part of its duties in the regulation of these professions, the Board is required to investigate complaints and, if necessary, discipline a dental professional for a violation of the law governing these professionals (R.C. Chapter 4715.).  The bill generally modifies the process by which the Board investigates and disciplines dentists, dental hygienists, and dental x-ray machine operators.

Complaints

(R.C. 4715.03(B)(6) and (D) and 4715.036)

Currently, any person may report to the State Dental Board under oath any information the person has that appears to show a violation of any provision of the law governing dentists, dental hygienists, and dental x-ray machine operators.  The report, commonly referred to as a "complaint," is confidential under a provision in existing law.  The provision specifies that proceedings of the Board relative to investigation of complaints and determinations of whether there are reasonable grounds to believe that a violation of the law governing dentists, dental hygienists, and dental x-ray machine operators has occurred are confidential and are not subject to discovery in any civil action.  In the absence of bad faith, a person who submits a complaint to the Board is not liable for civil damages as a result of submitting the complaint or providing testimony.

The bill modifies the confidential nature of complaints.  Under the bill, an applicant, license holder, or other individual who is notified by the Board of an opportunity for a hearing is generally entitled to receive, on request and at a reasonable cost to the individual, one copy of each item the Board procures or creates in the course of its investigation--including the complaint.  Before providing copies of investigative items, however, the Board is required by the bill to determine whether they contain any personal identifying information[1] regarding a complainant.  If the Board determines that the investigative items contain such personal identifying information, or any other information that would reveal the complainant's identity, the Board must redact the information from the copies of the items.  The result is that an applicant, license holder, or other individual may obtain a copy of the complaint, with any personal identifying information or any other information that would reveal the complainant's identity redacted from the copy.

The bill also permits the Board to dismiss a complaint on concurrence of a majority of Board members.

Investigations

Overview

(R.C. 4715.03(D) and 4715.032)

Currently, the State Dental Board is required to conduct an investigation of any alleged violation of the law governing dentists, dental hygienists, and dental x-ray machine operators.  The bill retains this general requirement, but creates a supervisory investigative panel to supervise all of the Board's investigations.  The supervisory investigative panel is to consist solely of the Board's secretary and vice-secretary, a position the bill creates (see "Board officers," below).

Supervisory investigative panel's duties

(R.C. 4715.034 and 4715.035)

During an investigation, the bill permits the supervisory investigative panel to request a meeting with the individual who is the subject of an investigation.

At the conclusion of an investigation, the panel must recommend, in writing, that the Board do one of the following:  (1) pursue disciplinary action against the individual, (2) seek an injunction for unauthorized practice, (3) enter into a consent agreement with the individual being investigated, (4) refer the individual being investigated to the Board's quality intervention program (if the Board develops this program--see "Quality Intervention Program," below), or (5) terminate the investigation.  The panel must specify the reasons for the recommendation.  The bill generally requires the panel to make its recommendation (1) not later than one year after the date the panel begins to supervise the investigation, or (2) if the investigation pertains to an alleged violation of the prohibition on providing or allowing dental hygienists, expanded dental function dental auxiliaries, or other practitioners of auxiliary dental occupations working under a certificate or license holder to provide dental care that departs from or fails to conform to accepted standards for the profession, not later than two years after the panel begins to supervise the investigation.

With respect to the one- and two-year deadlines that apply to when the supervisory investigative panel must make its recommendation, the bill prohibits both of the following periods of time from being counted toward the deadlines:

(1)  The period during which the panel suspends the investigation of an individual because the individual is also the subject of a criminal investigation and the panel is asked to do so by the entity conducting the criminal investigation or the panel determines it is necessary to do so as a result of the criminal investigation.

(2)  The period beginning when the Board moves for an order compelling the production of persons or records as permitted by the bill (see "Subpoenas," below) and ending when either of the following occurs:  (a) the court renders a decision not to issue the order, or (b) the court renders a decision to issue the order and the person subject to the order produces the persons or records.

If the panel recommends that an investigation be terminated, the bill permits the Board to do so, but only on the concurrence of a majority of Board members.

Once the panel makes a recommendation, the secretary and vice-secretary are prohibited by the bill from participating in any deliberations the Board has on the case.

Subpoenas

(R.C. 4715.03(D) and 4715.033)

Current law permits the State Dental Board to issue subpoenas for the purposes of an investigation.  The bill specifies that all subpoenas issued by the Board must be authorized by the supervisory investigative panel.  Before a subpoena may be authorized, the panel must consult with the Attorney General's office to determine whether there is probable cause to believe that the complaint filed alleges a violation of the law governing dental professionals and that the information sought pursuant to the subpoena is relevant to the alleged violation and material to the investigation.  A subpoena issued by the Board to compel the production of records must pertain to records that cover a reasonable period of time surrounding the alleged violation.  In addition, the bill generally requires that the subpoena state that the person being subpoenaed has a reasonable period of time that is not less than three calendar days to comply with the subpoena.  The only exception to this requirement is if the Board's secretary determines that the person being subpoenaed represents a clear and immediate danger to the public health and safety.  In those instances, the subpoena must state that the person being subpoenaed is required to immediately comply with the subpoena.

If a person fails to comply with the Board's subpoena and the person is given reasonable notice of the failure, the bill permits the Board to move for an order compelling the production of persons or records pursuant to the Rules of Civil Procedure.

Disciplinary options if reasonable grounds exist regarding an alleged violation

(R.C. 4715.03(B)(2) to (4) and (D))

If after an investigation the State Dental Board determines that there are reasonable grounds to believe that a violation of the law governing dental professionals has occurred, current law requires the Board to conduct a disciplinary hearing in accordance with the Administrative Procedure Act (R.C. Chapter 119.) or provide for the individual to participate in the Board's quality intervention program.

The bill requires the Board to review the recommendations made by the supervisory investigative panel (see "Investigations," above) when determining whether reasonable grounds exist.  If the Board determines reasonable grounds exist, in addition to conducting a disciplinary hearing and requiring participation in the quality intervention program (as permitted under current law), the bill permits the Board to seek an injunction for unauthorized practice or enter into a consent agreement with the individual being investigated.

If the Board requires participation in the quality intervention program, seeks an injunction, or enters into a consent agreement, the bill requires the Board to do so on concurrence of a majority of Board members.

Disciplinary hearings

Overview

(R.C. 4715.03(D))

Currently, if the State Dental Board conducts a disciplinary hearing, the hearing must be conducted in accordance with the Administrative Procedure Act.  The bill requires the hearing to also be conducted in accordance with the law governing the operations of the Board.[2]

Discovery

(R.C. 119.07 (not in the bill), 4715.03(D), 4715.036(A) and (B), and 4715.0310)

Generally, the Administrative Procedure Act requires an administrative agency to give notice, by registered mail, to a party of the opportunity for an administrative hearing.  The bill requires the State Dental Board, if it issues such a notice, to state in the notice that the individual is entitled to receive at least 60 days before the hearing, on request and in accordance with certain parameters (discussed below), one copy of each item the Board procures or creates in the course of its investigation on the individual.  These items may include the complaint or complaints filed with the Board (see "Complaints," above); correspondence, reports, and statements; deposition transcripts; and patient dental records.

The bill requires the Board, on receipt of a request from an individual who receives a notice of opportunity for a hearing, to provide the copies of investigative items subject to the following parameters:

(1)  The Board must provide the copies in a timely manner.

(2)  The Board may charge a fee for providing the copies, but the amount of the fee must be set at a reasonable cost to the individual.

(3)  Before providing the copies the Board must determine whether the items contain any personal identifying information regarding a complainant.  If the Board determines that the investigative items contain such personal identifying information, or any other information that would reveal the complainant's identity, the Board must redact the information from the copies of the items before they are provided.

(4)  The Board must not provide either of the following:

(a)  Any information that is subject to the attorney-client privilege or work product doctrine, or that would reveal the investigatory processes or methods of investigation used by the Board.

(b)  Any information that would constitute a confidential law enforcement investigatory record.[3]

Current law also specifies that any Board proceedings relative to an investigation or the determination of whether there are reasonable grounds to believe that a violation has occurred are confidential and are not subject to discovery in any civil action.  The bill exempts, subject to the parameters discussed above, the discovery of the investigative items listed above from the confidentiality required by current law.  The bill further specifies that the notice to a party of the opportunity for an administrative hearing is a public record.

Notwithstanding scheduling of a hearing according to the Administrative Procedure Act, if the individual requests the investigative items, the hearing must be scheduled for a date that is at least 61 days after the Board provides the individual with the investigative items.

Subpoenas to compel attendance and testimony

(R.C. 4715.036(C))

After the Board notifies an individual of an opportunity for a hearing, the bill permits the individual to ask the Board to issue either or both of the following:  (1) a subpoena to compel the attendance and testimony of any witness at the hearing, or (2) a subpoena for the production of books, records, papers, or other tangible items.  On the Board's receipt of the individual's request, the Board is required to issue the subpoena. 

In the case of a subpoena for the production of books, records, papers, or other tangible items, the bill provides that the person or government entity subject to the subpoena must comply with the subpoena at least 30 days prior to the hearing.

Referees or examiners

(R.C. 119.09 (not in the bill), 4715.037, 4715.038, and 4715.0310)

Generally, the Administrative Procedure Act permits an administrative entity to appoint a referee or examiner, who is a lawyer, to conduct a disciplinary hearing.  The referee or examiner must submit to the entity its findings of fact and conclusions of law and a recommendation of the action to be taken by the entity regarding a violation.

Notwithstanding the Administrative Procedure Act, the bill requires the Board to appoint, by a concurrence of a majority of its members, three referees or examiners.  Similar to the requirements of the Administrative Procedure Act, a referee or examiner appointed by the Board must be an attorney who has been admitted to the practice of law in Ohio.  In making the appointments, the bill prohibits the Board from appointing an attorney who is a Board employee or represents the Board in any other manner.

The bill prohibits a referee or examiner from serving more than five consecutive one-year terms and prohibits the Board from refusing to reappoint a referee or examiner before the referee or examiner has served the maximum number of terms unless (1) the referee or examiner does not seek to serve the maximum number of terms, or (2) the Board, by a concurrence of a majority of its members, determines there is cause not to reappoint the referee or examiner. 

The bill establishes a staggered number of terms that may be served by the initial referees or examiners as follows:  (1) the first initial appointee is to serve no more than three consecutive one-year terms, (2) the second initial appointee is to serve no more than four consecutive one-year terms, and (3) the third initial appointee is to serve no more than five consecutive one-year terms.  All successor appointees are limited to the bill's maximum of five consecutive one-year terms.

The Board must assign one referee or examiner to conduct each disciplinary hearing.  Assignments must be made in the order the Board receives requests for hearings without regard to the experience or background of a particular referee or examiner or the consideration of any factor other than whether the referee or examiner is available at the appropriate time.  The bill specifies that the name of the hearing referee or examiner is a public record.

The bill requires a disciplinary hearing referee or examiner to hear and consider the oral and documented evidence introduced by the parties during the hearing.  Not later than 30 days following the close of the hearing, the referee or examiner must issue to the Board, in writing, the referee's or examiner's proposed findings of fact and conclusions of law, as well as copies of the record of the hearing and all exhibits and documents presented by the parties at the hearing.

Oral arguments

(R.C. 4715.039)

The bill requires the Board to allow the parties or their counsel an opportunity to present oral arguments on the proposed findings of fact and conclusions of law issued by the hearing referee or examiner.

Prior complaints

(R.C. 4715.30(H))

The bill prohibits the Board from considering or raising, during a hearing, the circumstances of, or the fact that the Board has received, one or more complaints about a person unless the one or more complaints (1) are the subject of the hearing, or (2) resulted in the Board taking a disciplinary action against the person on a prior occasion (see "Disciplinary actions," below).

Decisions and appeals

(R.C. 4715.039)

Not later than 60 days following the Board's receipt of the proposed findings of fact and conclusions of law issued by the hearing referee or examiner, or a date mutually agreed to by the Board and the individual who is the subject of the hearing, the bill requires the Board to render a decision, in writing, that contains findings of fact and conclusions of law.  Copies of the Board's decision must be delivered personally or by certified mail.  The Board's decision is to be considered final on the date personal delivery of the decision is made or the date the decision is mailed.

The bill specifies that an individual may appeal the Board's decision in accordance with the Administrative Procedure Act.

Disciplinary actions

(R.C. 4715.03(B)(1) and 4715.30(C))

Under current law, the Board may take one or more of the following disciplinary actions, in accordance with the Administrative Procedure Act, if the Board determines that one or more grounds for discipline exist:

(1)  Censure the license or certificate holder;

(2)  Place the license or certificate on probationary status for a period of time determined by the Board, and require the holder to (a) report regularly to the Board upon the matters which are the basis of probation, (b) limit practice to those areas specified by the Board, and (c) continue or renew professional education until a satisfactory degree of knowledge or clinical competency has been attained in specified areas;

(3)  Suspend the certificate or license;

(4)  Revoke the certificate or license.

The bill requires the Board to have concurrence of a majority of Board members to take any of these actions.

Applicants subject to grounds for disciplinary action

(R.C. 4715.30(A) and (D))

The bill makes applicants for a license or certificate issued by the State Dental Board subject to the grounds for discipline that are applicable under current law to licensees or certificate holders.

Quality Intervention Program

(R.C. 4715.031)

Currently, the State Dental Board is required to develop and implement the Quality Intervention Program as a disciplinary option for licensees violating certain laws governing the practice of dentistry.  After an investigation, the Board may propose that a licensee participate in the program if it determines that the licensee's violation is due to a clinical or communication problem that could be improved by the program. 

The bill permits, rather than requires, the Board to develop and implement the program and makes conforming changes.  If the Board implements the program, the bill requires the Board to elect a coordinator from among the Board members who are dentists to administer the program.  The bill also requires the Board, when selecting educational and assessment service providers for program participants, to select the providers by a concurrence of a majority of the members.

Duration of participation

Generally, current law requires the Board to refer a licensee who agrees to participate in the Quality Intervention Program to an education and assessment service provider.  The provider is to recommend to the Board the services the licensee should receive under the program.  If the Board approves the services, the licensee may begin participating in the program.  The Board is required to monitor the licensee during participation in the program.  The Board may monitor the licensee or take other appropriate action after the licensee successfully completes the program.  If the licensee does not successfully complete the program, the Board is to commence disciplinary proceedings.  Current law does not specify the duration in which a licensee is to participate in the program or the duration of time the Board may monitor the licensee after successfully completing the program.

The bill prohibits a licensee from being required to participate in the program beyond 180 days from the date the licensee enters into the agreement with the Board to participate in the program.  The bill similarly prohibits the additional monitoring or other action taken by the Board from continuing beyond one year from the same date.  Thus, the bill sets the duration of the participation in the program and any subsequent Board monitoring at one year from the date of the participation agreement.

Notification for failure to renew a license

(R.C. 4715.14)

Currently, if a dentist fails to renew the dentist's registration, the license is automatically suspended.  The license may be reinstated by paying the biennial registration fee ($245) as well as a reinstatement fee ($81).

If a dentist fails to renew the dentist's registration, the bill instead requires the Board, not later than January 31st of an even-numbered year, to send a notice by certified mail to the dentist who failed to renew.  The notice must state all of the following:

(1)  That the Board has not received the required registration form and fee;

(2)  That the license may be renewed until April 1st following the December 31st of the odd-numbered year in which the dentist was scheduled to renew by the payment of the biennial registration fee and an additional fee of $100 to cover the cost of late renewal;

(3)  That the license remains valid and in good standing during the grace period described in (2), above, if the dentist remains in compliance with all other applicable provisions of law governing dentists;

(4)  That unless the Board receives the form and fee before the relevant April 1st, the Board is permitted to initiate disciplinary action against the dentist pursuant to the Administrative Procedure Act on or after the relevant first day of April;

(5)  That a dentist whose license has been suspended as a result of disciplinary action initiated as described in (4), above, may be reinstated by the payment of the biennial registration fee and an additional fee of $300 to cover the cost of reinstatement.

Notification for failure to submit continuing education documentation

(R.C. 4715.141)

Currently, the failure of a dentist to submit proper evidence of completed continuing education credits constitutes failure to renew the dentist's registration.

If a dentist fails to submit evidence of completed continuing education credits, the bill instead requires the Board to notify the dentist of all of the following:

(1)  That the Board has not received the affidavit or certification;

(2)  That unless the Board receives the affidavit or certification before April 1st following the December 31st deadline for license renewal, the Board is permitted to initiate disciplinary action against the dentist pursuant to the Administrative Procedure Act on or after the relevant first day of April.

Rules regarding safe practice

(R.C. 4715.03(C)(1) and (2))

Current law requires the State Dental Board to adopt rules regarding standards for the safe practice of dentistry and dental hygiene by qualified practitioners and to promote such practice through its policies and activities.  The bill makes these rules subject to the Administrative Procedure Act, which requires the Board to give notice of a proposed rule and to hold a public hearing.

Board officers

(R.C. 4715.03(A) and 4715.06)

Current law requires the State Dental Board to elect a president and secretary.  The bill requires the Board to also elect a vice-secretary and specifies that the secretary and vice-secretary are to be elected from the Board members who are dentists.[4]  As provided under current law with regard to the secretary, the bill requires that the vice-secretary be reimbursed for necessary expenses incurred in the discharge of official duties.

CONTINUING EDUCATION--DENTAL HYGIENISTS

Implementation of the increased requirements for continuing education

(Sections 4 and 5)

Sub. H.B. 190 of the 128th General Assembly increased the number of hours of continuing education that a dental hygienist must complete every two years.  The requirement was raised from 12 hours to 24 hours.  H.B. 190 specified that when applying for renewal for the 2010-2011 registration period, a dental hygienist remains subject to the 12-hour requirement.

The bill clarifies the manner in which the increased continuing education requirement is to be implemented.  For registration renewal that is to be effective in 2010-2011, a dental hygienist must complete 12 hours of continuing education.  For registration renewal that is to be effective in 2012-2013, a dental hygienist must complete 24 hours of continuing education.

ADMINISTRATIVE ADJUDICATIONS--NOTICES OF APPEAL

Background

Under the Administrative Procedure Act, a party adversely affected by an order of an administrative agency is permitted to appeal that order, generally to a court of common pleas.[5]  To effectuate the appeal, the appellant must file a "notice of appeal" setting forth the grounds of the appeal.  The notice of appeal must be filed with the agency that issued the order, and a copy of the notice must be filed with the relevant court.  The court reviewing the appeal is required to determine whether the agency's order is supported by reliable, probative, and substantial evidence and is in accordance with law.

Content of notices of appeal; filing of original or copy of notice

(R.C. 119.12)

The bill requires the notice of appeal an appellant files under the Administrative Procedure Act to merely state that the agency's order is not supported by reliable, probative, and substantial evidence and is not in accordance with law.  The bill permits (but does not require) the appellant to set forth in the notice the specific grounds of the appellant's appeal beyond the statement described above. 

The bill specifies that in filing the notice of appeal with the agency or court, the notice that the appellant files may be either the original notice or a copy of the original notice. 

Nature of amendments and retroactivity

(R.C. 119.12)

The bill specifies that its amendments to the Administrative Procedure Act, described above, are procedural in nature and must be applied retrospectively to all administrative appeals filed before the bill's effective date but not earlier than May 7, 2009, which was the date the Supreme Court of Ohio released its opinion and judgment in the case, Medcorp, Inc. v. Ohio Dep't of Job and Family Servs. (2009), 121 Ohio St.3d 622.[6]

AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS

Audiology license applicants with master's degrees

(R.C. 4753.06)

Prior to the enactment of the main appropriations act of the 126th General Assembly (Am. Sub. H.B. 66), a person was eligible for a license to practice audiology if the person held, at a minimum, a master's degree in audiology.  Am. Sub. H.B. 66 increased the minimum degree requirement for those applying for the audiologist license on or after January 1, 2006, to a doctor of audiology degree from an accredited audiology program.[7] 

The bill permits a person who does not hold a doctor of audiology degree, but who, before January 1, 2006, met the requirements in law that existed on December 31, 2005, regarding a master's degree in audiology to obtain licensure as an audiologist.  As required prior to Am. Sub. H.B. 66, an applicant with a master's degree must meet a professional experience requirement.  The experience must be in relevant clinical work and the amount is to be specified in rules adopted by the Board of Speech-Language Pathology and Audiology.

Inactive classification of license

(R.C. 4753.091)

Application and fee

The bill permits a person licensed to practice as a speech-language pathologist or audiologist to apply to the Board of Speech-Language Pathology and Audiology to have the person's license classified as inactive.  The Board may charge a fee for classifying a license as inactive and, if the Board chooses to charge the fee, the bill requires the applicant for inactive licensure to include the fee with the application for inactive licensure.

Requirements and effective date

The Board is required to classify a person's license as inactive if the license is in good standing, the person is not the subject of an investigation or disciplinary action by the Board, and the person meets any other requirements established by the Board in rules.  The inactive classification becomes effective on the date immediately following the date that the person's license is scheduled to expire.

Prohibitions

During the period that a speech-language pathology or audiology license is classified as inactive, the person is prohibited from (1) engaging in the practice of speech-pathology or the practice of audiology, as applicable, in Ohio, and (2) making any representation to the public indicating that the person is actively licensed as a speech-language pathologist or audiologist in Ohio.

Board's ability to pursue disciplinary action

The bill specifies that the Board's jurisdiction to take disciplinary action pursuant to current law governing speech-language pathologists and audiologists is not removed or limited when a person's license is classified as inactive.

Reactivation

The bill permits a person whose license has been classified as inactive to apply to the Board to have the license reactivated.  The Board is required to reactivate the license if the person meets the requirements established in rules adopted by the Board.

Rulemaking authority

The bill permits the Board to adopt rules as necessary for classifying as inactive a license to practice as a speech-language pathologist or audiologist.  The bill requires that such rules be adopted in accordance with the Administrative Procedure Act (R.C. Chapter 119.).

MEDICAID

Medicaid claims for Medicare cost-sharing expenses of nursing facility residents

(R.C. 5111.0211)

Some individuals are dually eligible for Medicare and Medicaid.  In addition to being a Medicare beneficiary, a dually eligible individual may qualify for full Medicaid benefits or only a limited component of Medicaid that assists the individual in paying for certain Medicare cost-sharing expenses.  For example, there is a limited component of Medicaid called Qualified Medicare Beneficiary under which Medicaid helps pay for certain of an individual's Medicare cost-sharing expenses such as co-insurance for skilled nursing care.

The bill provides that a nursing facility provider is not required to bill the Department of Job and Family Services regarding the Medicare cost-sharing expenses of a resident of the facility who, under federal law, is eligible to have the Medicaid program pay for a part of the expenses if the provider determines that, under rules the Department has adopted regarding Medicaid benefits, the nursing facility would not receive a Medicaid payment for any part of the expenses.  In such a situation, the claim for the Medicare cost-sharing expenses is to be considered to have been adjudicated at no payment.

ACTION	DATE
Introduced	06-09-09
Reported, H. Health	10-08-09
Passed House (97-0)	03-03-10
Reported, S. Health, Human Services & Aging	---

 

 

 

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