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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 221 |
REPRESENTATIVES VANVYVEN-CALLENDER-CATES-MOTTLEY-
SCHULER-TERWILLEGER-TRAKAS-YOUNG-TIBERI-OLMAN
A BILL
To enact sections 103.144, 105.01, 105.02, 105.03, 105.05, and 105.07
of the Revised Code to require the Ohio Legislative
Service Commission to prepare a mandated benefit statement for each
bill that contains a mandated benefit and receives second consideration, to
provide for the
establishment and operation of the Ohio Mandated Benefits Review
Council, and to terminate the provisions of this act on
December 31, 2003, by repealing sections 103.144, 105.01, 105.02, 105.03,
105.05, and 105.07 of the Revised Code on that
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 103.144, 105.01, 105.02, 105.03, 105.05,
and 105.07 of the Revised Code be enacted to read as
follows:
Sec. 103.144. (A) AS USED IN THIS SECTION, "MANDATED BENEFIT"
HAS
THE SAME MEANING AS IN SECTION 105.01 OF THE REVISED
CODE.
(B) WITHIN THREE BUSINESS DAYS AFTER A BILL RECEIVES SECOND
CONSIDERATION
IN EITHER HOUSE OF THE GENERAL ASSEMBLY, THE LEGISLATIVE SERVICE
COMMISSION SHALL
REVIEW THE BILL TO DETERMINE WHETHER THE BILL INCLUDES A
MANDATED BENEFIT. IF
THE LEGISLATIVE SERVICE
COMMISSION DETERMINES THAT THE BILL INCLUDES A MANDATED BENEFIT,
THE COMMISSION SHALL
PREPARE A WRITTEN MANDATED BENEFITS STATEMENT WITHIN THE THREE-BUSINESS-DAY
REVIEW PERIOD
SETTING FORTH THE
RESULTS OF THE REVIEW AND SHALL
DISTRIBUTE COPIES OF THE STATEMENT TO THE CHAIRPERSON OF THE
COMMITTEE TO WHICH THE BILL HAS BEEN ASSIGNED, THE OHIO MANDATED
BENEFITS REVIEW COUNCIL CREATED UNDER SECTION 105.02 OF THE
REVISED CODE, AND THE
SUPERINTENDENT OF INSURANCE.
(C) WITHIN THREE BUSINESS DAYS AFTER AN AMENDMENT TO THE BILL IS
ADOPTED,
OR A SUBSTITUTE BILL IS ADOPTED, BY THE COMMITTEE, THE
LEGISLATIVE SERVICE COMMISSION SHALL
REVIEW THE AMENDMENT
OR SUBSTITUTE BILL TO DETERMINE WHETHER THE AMENDMENT OR
SUBSTITUTE BILL INCLUDES A MANDATED BENEFIT. IF THE LEGISLATIVE
SERVICE COMMISSION DETERMINES THAT THE AMENDMENT OR SUBSTITUTE BILL
INCLUDES A MANDATED BENEFIT, THE COMMISSION SHALL PREPARE A WRITTEN
MANDATED BENEFITS STATEMENT WITHIN THE THREE-BUSINESS-DAY REVIEW PERIOD IF A
STATEMENT WAS
NOT PREVIOUSLY PREPARED IN
CONNECTION WITH THE BILL OR SHALL PREPARE A REVISION OF ANY
PREVIOUSLY ISSUED
MANDATED BENEFITS
STATEMENT WITHIN THE THREE-BUSINESS-DAY REVIEW PERIOD TO REFLECT CHANGES
PROPOSED BY THE
AMENDMENT OR SUBSTITUTE
BILL. THE LEGISLATIVE SERVICE COMMISSION SHALL DISTRIBUTE COPIES OF ANY
STATEMENT PREPARED OR REVISED IN ACCORDANCE WITH THIS
DIVISION TO THE PARTIES IDENTIFIED IN DIVISION (B) OF THIS
SECTION.
Sec. 105.01. AS USED IN SECTIONS 105.01 TO 105.07 OF THE REVISED
CODE:
(A) "MANDATED BENEFIT" MEANS THE FOLLOWING, WHEN
CONSIDERED IN THE CONTEXT OF A SICKNESS AND ACCIDENT INSURANCE
POLICY OR A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR
AGREEMENT:
(1) ANY REQUIRED COVERAGE FOR A SPECIFIC MEDICAL OR
HEALTH-RELATED SERVICE, TREATMENT, MEDICATION, OR PRACTICE;
(2) ANY REQUIRED COVERAGE FOR THE SERVICES OF SPECIFIC HEALTH
CARE PRACTITIONERS;
(3) ANY REQUIREMENT THAT AN INSURER OR HEALTH INSURING
CORPORATION OFFER COVERAGE TO SPECIFIC INDIVIDUALS OR GROUPS;
(4) ANY REQUIREMENT THAT AN INSURER OR HEALTH INSURING
CORPORATION OFFER SPECIFIC HEALTH CARE SERVICES, TREATMENTS, OR PRACTICES
TO EXISTING INSUREDS OR ENROLLEES;
(5) ANY REQUIRED EXPANSION OF, OR ADDITION TO, EXISTING
COVERAGE;
(6) ANY MANDATED REIMBURSEMENT AMOUNT TO SPECIFIC HEALTH CARE
PRACTITIONERS.
(B) "MANDATED BENEFIT" DOES NOT INCLUDE ANY REQUIRED COVERAGE OR
OFFER OF COVERAGE, ANY REQUIRED EXPANSION OF, OR ADDITION TO, EXISTING
COVERAGE, OR ANY MANDATED
REIMBURSEMENT AMOUNT TO SPECIFIC PRACTITIONERS, AS DESCRIBED IN DIVISION
(A) OF THIS SECTION, WITHIN THE CONTEXT OF ANY PUBLIC
HEALTH BENEFITS ARRANGEMENT, INCLUDING BUT NOT LIMITED TO, THE
COVERAGE OF BENEFICIARIES ENROLLED IN TITLE XVIII OF THE
"SOCIAL
SECURITY ACT," 49 STAT. 620
(1935), 42 U.S.C.A. 301, AS AMENDED,
PURSUANT TO A MEDICARE RISK
CONTRACT OR MEDICARE COST CONTRACT, OR TO THE COVERAGE OF
BENEFICIARIES ENROLLED IN TITLE XIX OF THE "SOCIAL
SECURITY
ACT," 49
STAT. 620 (1935), 42
U.S.C.A.
301, AS AMENDED, KNOWN AS THE MEDICAL ASSISTANCE PROGRAM OR MEDICAID, PROVIDED
BY
THE OHIO DEPARTMENT OF HUMAN SERVICES UNDER CHAPTER 5111. OF
THE
REVISED CODE.
Sec. 105.02. (A) THERE IS HEREBY CREATED THE OHIO
MANDATED
BENEFITS REVIEW COUNCIL.
(B) THE COUNCIL SHALL CONSIST OF FIFTEEN MEMBERS,
SIX OF WHOM SHALL BE VOTING
MEMBERS AND NINE ADDITIONAL MEMBERS WHO SHALL NOT VOTE EXCEPT IN THE
EVENT THAT A TIE VOTE IS CAST BY THE VOTING MEMBERS.
(1) THE VOTING MEMBERS SHALL CONSIST OF THE FOLLOWING:
(a) THREE MEMBERS OF THE SENATE, APPOINTED BY THE PRESIDENT OF
THE SENATE, NOT MORE THAN TWO OF WHOM MAY BE MEMBERS OF THE SAME POLITICAL
PARTY;
(b) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, APPOINTED BY
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NOT MORE THAN TWO OF WHOM MAY
BE MEMBERS OF THE SAME POLITICAL PARTY.
(2) THE ADDITIONAL MEMBERS SHALL CONSIST OF THE FOLLOWING:
(a) THREE REPRESENTATIVES OF CONSUMERS, APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, NOT MORE THAN TWO OF
WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY. NONE OF THESE MEMBERS
MAY BE EMPLOYED BY, OR IN ANY WAY AFFILIATED WITH OR BIASED
TOWARD, ANY OF THE PERSONS OR ENTITIES LISTED IN DIVISIONS
(B)(2)(b) TO (f)
OF THIS SECTION. ONE OF THESE MEMBERS SHALL
REPRESENT THE INTERESTS OF PUBLIC EMPLOYERS AND THEIR EMPLOYEES AS
CONSUMERS OF HEALTH CARE.
(b) TWO REPRESENTATIVES OF HEALTH CARE PROVIDERS, ONE OF WHOM IS
TO BE APPOINTED BY THE PRESIDENT OF THE SENATE AND THE OTHER BY THE SPEAKER OF
THE HOUSE OF
REPRESENTATIVES.
(c) ONE REPRESENTATIVE OF HEALTH INSURING CORPORATIONS,
APPOINTED BY THE PRESIDENT OF THE SENATE.
(d) ONE REPRESENTATIVE OF SICKNESS AND ACCIDENT INSURERS,
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(e) ONE REPRESENTATIVE OF EMPLOYERS IN THIS STATE, OTHER THAN
THE EMPLOYERS LISTED IN DIVISIONS (B)(2)(b) TO
(d) OF THIS
SECTION, THAT EMPLOY FIFTY OR FEWER EMPLOYEES, APPOINTED BY THE
PRESIDENT OF THE SENATE.
(f) ONE REPRESENTATIVE OF EMPLOYERS IN THIS STATE, OTHER THAN THE
EMPLOYERS LISTED IN DIVISIONS (B)(2)(b) TO
(d) OF THIS SECTION,
THAT EMPLOY MORE THAN FIFTY EMPLOYEES, APPOINTED BY THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES.
(C) WITH RESPECT TO THE MEMBERS OF THE COUNCIL OTHER THAN THOSE
APPOINTED FROM THE MEMBERSHIP OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES, ALL OF THE FOLLOWING APPLY:
(1) OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR A TERM ENDING
JUNE 30, 2001, THREE SHALL BE FOR A TERM ENDING JUNE 30,
2002, AND
THREE SHALL BE FOR A TERM ENDING JUNE 30, 2003. THEREAFTER, TERMS
OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF
THE SAME MONTH AS DID
THE TERM THAT IT SUCCEEDS.
(2) EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT
UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED.
(3) ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO
THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS
APPOINTED SHALL HOLD OFFICE AS A MEMBER FOR THE REMAINDER OF THAT
TERM.
(4) A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE
EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES
OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER
OCCURS FIRST.
(D) THE MEMBERS OF THE COUNCIL WHO ARE APPOINTED FROM THE
MEMBERSHIP OF THE SENATE OR THE HOUSE OF REPRESENTATIVES SHALL SERVE DURING
THEIR TERMS AS MEMBERS OF THE GENERAL ASSEMBLY AND
UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED,
NOTWITHSTANDING THE ADJOURNMENT OF THE GENERAL ASSEMBLY OF WHICH
THEY ARE MEMBERS OR THE EXPIRATION OF THEIR TERMS AS MEMBERS OF
SUCH GENERAL ASSEMBLY.
(E) VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER
PROVIDED FOR ORIGINAL APPOINTMENTS.
Sec. 105.03. MEETINGS OF THE MANDATED BENEFITS REVIEW COUNCIL
SHALL BE CALLED IN SUCH MANNER AND AT SUCH TIMES AS PRESCRIBED BY RULES
ADOPTED BY THE COUNCIL. A MAJORITY OF THE MEMBERSHIP OF THE COUNCIL
CONSTITUTES A QUORUM AND NO ACTION SHALL BE TAKEN BY THE COUNCIL
UNLESS APPROVED BY A MAJORITY OF THE VOTING MEMBERS.
IF A TIE VOTE IS CAST BY
THE VOTING MEMBERS, THE ADDITIONAL COUNCIL MEMBERS SHALL BE
REQUIRED TO CAST A VOTE ON WHETHER TO APPROVE THE ACTION. THE
MAJORITY VOTE OF THE ADDITIONAL COUNCIL MEMBERS SHALL BE COUNTED
AS A SINGLE VOTE FOR THE PURPOSE OF BREAKING THE TIE VOTE CAST BY
THE VOTING MEMBERS.
THE COUNCIL SHALL ORGANIZE BY SELECTING FROM AMONG THE VOTING
MEMBERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND SUCH OTHER OFFICERS AS IT
CONSIDERS NECESSARY. THE COUNCIL SHALL ADOPT RULES FOR THE CONDUCT OF ITS
BUSINESS AND THE ELECTION OF ITS OFFICERS. EACH MEMBER OF THE
COUNCIL, BEFORE ENTERING UPON THE MEMBER'S OFFICIAL DUTIES, SHALL
TAKE AND SUBSCRIBE TO AN OATH OF OFFICE, TO UPHOLD THE
CONSTITUTION AND LAWS OF THE UNITED STATES AND THIS STATE,
AND TO
PERFORM THE DUTIES OF THE OFFICE HONESTLY, FAITHFULLY, AND
IMPARTIALLY.
MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT COMPENSATION BUT MAY
BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES UNDER SECTIONS 105.01 TO 105.07 OF THE
REVISED CODE.
Sec. 105.05. (A)(1) THE COUNCIL SHALL HOLD A PUBLIC MEETING TO
CONSIDER THE
FINDINGS OF AN INDEPENDENT HEALTHCARE ACTUARIAL REVIEW PERFORMED UNDER SECTION
105.07
of the Revised Code. THE COUNCIL MAY
ADMINISTER OATHS AND HOLD PUBLIC HEARINGS AT SUCH TIMES AND
PLACES WITHIN THE STATE AS MAY BE NECESSARY TO CARRY OUT THE
PURPOSES AND INTENT OF SECTIONS 105.01 TO 105.07 OF THE REVISED
CODE.
(2) NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE FINDINGS
OF THE INDEPENDENT HEALTHCARE ACTUARIAL REVIEW, THE COUNCIL SHALL CONSIDER THE
FINDINGS AND DETERMINE WHETHER OR NOT THE REVIEW MET THE REQUIRMENTS SET FORTH
IN SECTION 105.07 of the Revised Code. THE COUNCIL SHALL VOTE ON WHETHER OR NOT THE REVIEW
MET THOSE REQUIREMENTS AND FORWARD THE OUTCOME OF THE VOTE ALONG WITH THE
FINDINGS TO THE CHAIRPERSON OF THE COMMITTEE TO WHICH THE BILL HAS BEEN
ASSIGNED. IF A TIE VOTE IS CAST BY
THE VOTING MEMBERS, THE ADDITIONAL COUNCIL MEMBERS SHALL BE
REQUIRED TO CAST A VOTE ON WHETHER OR NOT THE REVIEW MET THE REQUIREMENTS SET
FORTH IN SECTION 105.07 of the Revised Code.
THE MAJORITY VOTE OF THE ADDITIONAL COUNCIL MEMBERS SHALL BE
COUNTED AS A SINGLE VOTE FOR THE PURPOSE OF BREAKING THE TIE VOTE
CAST BY THE VOTING MEMBERS.
(B) THE COUNCIL MAY, FROM TIME TO TIME, REVIEW THE PROVISIONS OF
THE REVISED CODE THAT INCLUDE MANDATED BENEFITS AND REQUEST
THE
SUPERINTENDENT OF INSURANCE TO ARRANGE FOR AN INDEPENDENT HEALTHCARE ACTUARIAL
REVIEW OF
THE MANDATED
BENEFITS AS
PROVIDED IN SECTION 105.07 OF THE REVISED CODE. THE COUNCIL
SHALL
FORWARD THE FINDINGS REGARDING SUCH MANDATED BENEFITS TO THE PRESIDENT
OF THE SENATE, THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, AND THE CHAIRPERSONS OF THE COMMITTEES OF THE GENERAL
ASSEMBLY THAT HAVE PRIMARY JURISDICTION OVER HEALTH
INSURANCE.
(C) THE COUNCIL SHALL PREPARE AN ANNUAL SUMMARY OF ALL
FINDINGS WITH RESPECT TO PROPOSED AND EXISTING MANDATED BENEFITS, AND
SUBMIT A COPY OF THAT SUMMARY TO THE GOVERNOR, THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE
SENATE.
Sec. 105.07. (A) UPON RECEIPT OF A REQUEST FROM THE MANDATED
BENEFITS REVIEW COUNCIL PURSUANT TO DIVISION (B) OF SECTION 105.05 OF
THE REVISED
CODE OR UPON RECEIPT OF A MANDATED BENEFITS STATEMENT PREPARED BY THE
LEGISLATIVE SERVICE COMMISSION UNDER SECTION 103.144 of the Revised Code, THE SUPERINTENDENT
OF INSURANCE SHALL
ARRANGE FOR THE PERFORMANCE OF
AN INDEPENDENT HEALTHCARE ACTUARIAL REVIEW OF THE MANDATED BENEFIT. IN
MAKING THIS ARRANGEMENT, THE SUPERINTENDENT SHALL
RETAIN ONE OR MORE INDEPENDENT ACTUARIES ON A CONSULTING BASIS TO
DETERMINE THE MEDICAL
EFFICACY, AND SOCIAL AND FINANCIAL IMPACT OF THE MANDATED BENEFIT IN
ACCORDANCE WITH
DIVISION (B) OF THIS SECTION. THE SUPERINTENDENT SHALL PROVIDE THE
ACTUARY OR ACTUARIES WITH COPIES OF ANY INFORMATION SUBMITTED BY INTERESTED
PARTIES RELATED TO THE PROPOSED MANDATED BENEFIT AND SHALL
ASSIST THEM IN OBTAINING ANY ADDITIONAL INFORMATION NEEDED.
NO LATER THAN FORTY-FIVE DAYS AFTER RECEIVING THE REQUEST OR REPORT, THE
SUPERINTENDENT SHALL SUBMIT THE FINDINGS OF THE ACTUARIAL REVIEW
TO THE COUNCIL.
(B) IN PERFORMING AN INDEPENDENT HEALTHCARE ACTUARIAL REVIEW OF A
MANDATED BENEFIT, THE
ACTUARY SHALL DO THE FOLLOWING:
(1) USE APPROPRIATE ASSUMPTIONS THAT ACCURATELY DEMONSTRATE THE SOCIAL AND
FINANCIAL IMPACT OF THE MANDATED BENEFIT;
(2) DETERMINE TO WHAT EXTENT THE ABSENCE OF THE MANDATED BENEFIT
RESULTS IN UNDUE HARDSHIP TO THE GENERAL POPULATION;
(3) DETERMINE THE EXTENT OF PUBLIC DEMAND FOR THE MANDATED
BENEFIT, AND TO WHAT EXTENT VOLUNTARY COVERAGE OF THE BENEFIT IS
AVAILABLE;
(4) DETERMINE THE EXTENT OF PUBLIC DEMAND FOR INCLUSION OF THE
MANDATED BENEFIT IN ARRANGEMENTS NEGOTIATED THROUGH COLLECTIVE
BARGAINING;
(5) CONSULT WITH RELEVANT MEDICAL EXPERTS, ATTORNEYS, AND OTHER
PROFESSIONALS KNOWLEDGEABLE IN MATTERS RELATED TO THE PERFORMANCE
OF AN ACTUARIAL REVIEW OF A MANDATED BENEFIT;
(6) CONSIDER THE RESULTS OF AT LEAST ONE PROFESSIONALLY
ACCEPTABLE CONTROLLED TRIAL AND THE RESULTS OF ANY OTHER RELEVANT PEER
REVIEWED RESEARCH SPECIFICALLY CENTERED AROUND THE BENEFIT;
(7) CONSIDER ANY INFORMATION SUBMITTED BY INTERESTED PARTIES RELATED TO
THE PROPOSED MANDATED BENEFIT;
(8) IF APPLICABLE, DETERMINE THE EXTENT TO WHICH:
(a) COVERAGE WILL IMPROVE THE QUALITY OF LIFE OF THOSE RECEIVING
THE COVERED TREATMENT;
(b) COVERAGE WILL
INCREASE OR DECREASE THE COST OF THE TREATMENT OR SERVICE;
(c) A SIMILAR MANDATED BENEFIT IN OTHER STATES HAS IMPROVED THE
QUALITY OF LIFE OF THOSE RECEIVING THE COVERED TREATMENT;
(d) A SIMILAR
MANDATED BENEFIT IN OTHER STATES HAS AFFECTED CHARGES, COSTS, UTILIZATION,
AND PAYMENTS FOR SERVICES AND TREATMENTS IN THOSE STATES;
(e) COVERAGE
WILL INCREASE OR DECREASE THE APPROPRIATE USE OF THE TREATMENT OR
SERVICE;
(f) COVERAGE WILL INCREASE OR DECREASE THE ADMINISTRATIVE
EXPENSES OF INSURANCE COMPANIES AND HEALTH INSURING CORPORATIONS;
(g) COVERAGE WILL INCREASE OR DECREASE PREMIUMS;
(h) EXISTING MANDATED
BENEFITS MEET THE PROPOSED REQUIREMENTS;
(i) SMALL EMPLOYER, MEDIUM-SIZED EMPLOYERS, AND LARGE EMPLOYERS
WILL BE FINANCIALLY IMPACTED; AND
(j) COVERAGE WILL IMPACT THE TOTAL COST AND QUALITY OF
HEALTH CARE, INCLUDING ANY POTENTIAL COST SAVINGS THAT MAY BE REALIZED.
(C) THE SUPERINTENDENT SHALL ALSO PROVIDE ANY APPROPRIATE
PROFESSIONAL, TECHNICAL, AND CLERICAL SUPPORT FROM THE SUPERINTENDENT'S
STAFF THAT IS NEEDED BY THE COUNCIL TO FULFILL ITS DUTIES.
Section 2. Sections 103.144, 105.01, 105.02, 105.03, 105.05, and 105.07
of the Revised Code, as enacted by this act, are hereby
repealed, effective December 31, 2003.
Section 3. Initial appointments to the Ohio Mandated Benefits
Review Council shall be made no later than sixty days after the
effective date of this act.
Section 4. (A) As used in this section, "mandated benefit" has
the same meaning as in section 105.01 of the Revised Code, as
enacted by this act.
(B) The chairperson of a committee of either house of the 123rd
General Assembly may request the Legislative Service Commission to
review any bill that was assigned to the chairperson's committee
prior to the effective date of this act, or may request the
Commission to review any amendment to or substitute version of the
bill that has been adopted by the committee, in order to determine
whether the bill, amendment, or substitute bill includes a
mandated benefit. The Commission shall review the bill,
amendment, or substitute bill, and if the Commission determines
that the bill, amendment, or substitute bill includes a mandated
benefit, the Commission shall prepare a written mandated benefits
statement within three business days and shall distribute copies
of the statement to the chairperson who requested the review and
to the Superintendent of Insurance.
(C) After initial appointments have been made to the Ohio
Mandated Benefits Review Council pursuant to section 105.02 of the
Revised Code, as enacted by this act, a chairperson of a committee
who has received a written mandated benefits statement pursuant to
division (B) of this section, may request the Superintendent of
Insurance to arrange for the performance of an independent
healthcare actuarial review of the mandated benefit. The
Superintendent shall, in the same manner as provided in section
105.07 of the Revised Code, as enacted by this act, arrange for
the independent healthcare actuarial review and submit the
findings of the actuarial review to the Mandated Benefits Review
Council within forty-five days after receiving the Commission's
report. The Council shall, in the same manner as provided in
section 105.05 of the Revised Code, as enacted by this act,
consider the findings of the independent healthcare actuarial
review and, if the review meets the requirements set forth in
section 105.07 of the Revised Code, as enacted by this act,
forward the findings to the chairperson of the committee.
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