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(126th General Assembly)
(Substitute House Bill Number 287)
To amend sections 3702.30 and 3702.31 and to enact sections 2305.116 and 3702.301 of the Revised Code to exempt certain freestanding birthing centers from the requirement that a center obtain a health care facility license from the Director of Health and to provide that there is no cause of action on a medical claim that because of an act or omission an abortion was not performed.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3702.30 and 3702.31 be amended and sections 2305.116 and 3702.301 of the Revised Code be enacted to read as follows:
Sec. 2305.116. (A) No person has a civil action or may receive an award of damages in a civil action, and no other person shall be liable in a civil action, upon a medical claim that because of an act or omission by the other person the person was not aborted.
(B) No person has a civil action or may receive an award of damages in a civil action, and no other person shall be liable in a civil action, upon a medical claim that because of an act or omission by the other person a child was not aborted.
(C) Nothing in this section shall preclude a person from bringing a civil action or from receiving an award of damages in a medical claim based upon an intentional or willful misrepresentation or omission of information related to medical diagnosis, care, or treatment.
(D) As used in this section, "medical claim" has the same meaning as in section 2305.113 of the Revised Code.
Sec. 3702.30. (A) As used in this section:
(1) "Ambulatory surgical facility" means a facility,
or not part of the same organization as a hospital, that
located in a building distinct from
another in which inpatient
care is provided, and to which any of the
(a) Outpatient surgery is routinely performed in the
the facility functions separately from a
inpatient surgical service and from the offices of private
physicians, podiatrists, and dentists.
(b) Anesthesia is administered in the facility by
anesthesiologist or certified registered nurse anesthetist,
the facility functions separately from a hospital's inpatient
service and from the offices of private physicians,
(c) The facility applies to be certified by the
health care financing
administration centers for medicare and medicaid services as an ambulatory
surgical center for purposes of
reimbursement under Part B of the
program, Part B of Title XVIII
of the "Social Security
Act," 49 79 Stat. 620 286 ( 1935 1965),
42 U.S.C.A. 301 1395, as amended.
(d) The facility applies to be certified by a
accrediting body approved by the
health care financing
administration centers for medicare and medicaid services for purposes of deemed compliance with the
conditions for participating in the medicare program as an
ambulatory surgical center.
(e) The facility bills or receives from any
payer, governmental health care program, or other person or
government entity any ambulatory surgical
facility fee that is
billed or paid in addition to any fee for
(f) The facility is held out to any person or government
entity as an ambulatory surgical facility or similar facility by
signage, advertising, or other promotional efforts.
"Ambulatory surgical facility" does not include
(2) "Ambulatory surgical facility
fee" means a fee for
certain overhead costs associated with
providing surgical services
in an outpatient setting. A fee is
an ambulatory surgical
facility fee only if it directly or
indirectly pays for costs
associated with any of the following:
(a) Use of operating and recovery rooms,
and waiting rooms and lounges for patients and
(b) Administrative functions, record keeping,
utilities, and rent;
(c) Services provided by nurses, orderlies,
personnel, and others involved in patient care related
"Ambulatory surgical facility fee" does
not include any
additional payment in excess of a professional
fee that is
provided to encourage physicians, podiatrists, and
perform certain surgical procedures in their office
or their group
practice's office rather than a health care
facility, if the
purpose of the additional fee is to compensate
for additional cost
incurred in performing office-based surgery.
(3) "Governmental health care program" has the same
as in section 4731.65 of the Revised Code.
(4) "Health care facility" means any of the following:
(a) An ambulatory surgical facility;
(b) A freestanding dialysis center;
(c) A freestanding inpatient rehabilitation facility;
(d) A freestanding birthing center;
(e) A freestanding radiation therapy center;
(f) A freestanding or mobile diagnostic imaging center.
(5) "Third-party payer" has the same meaning as in
3901.38 of the Revised Code.
(B) By rule adopted in accordance with sections
3702.13 of the Revised Code, the
director of health shall
establish quality standards for health care
standards may incorporate accreditation standards or other
standards established by any entity recognized by the director.
Every ambulatory surgical facility shall require
each physician who practices at the facility comply with all
relevant provisions in the Revised Code that relate to the
obtaining of informed consent
from a patient.
(D) The director shall issue a license to each health care
facility that makes application for a license and demonstrates to
that it meets the quality standards established
the rules adopted under division (B) of
the informed consent
requirements specified in division
(C) of this section.
No Except as provided in section 3702.301 of the Revised Code, no
care facility shall operate without a
license issued under this section.
(2) If the department of health finds that a physician who
practices at a health care facility is not complying with any
provision of the Revised Code related to the obtaining of informed
consent from a patient, the department shall report its finding to
the state medical board, the physician, and the health care
(3) This division does not create, and shall not be
as creating, a new cause of action or substantive legal
against a health care facility and in favor of a patient who
allegedly sustains harm as a result of the failure of the
patient's physician to obtain informed consent from the patient
prior to performing a procedure on or otherwise caring for the
patient in the health care facility.
(F) The rules adopted under division
(B) of this section
all of the following:
(1) Provisions governing
application for, renewal,
suspension, and revocation of
a license under this
(2) Provisions governing orders issued pursuant to section
3702.32 of the Revised Code for a health care facility to cease
its operations or to prohibit certain types of services provided
by a health care facility;
(3) Provisions governing the imposition under section
3702.32 of the Revised Code of civil penalties for violations of
this section or the rules adopted under this section, including a
scale for determining the amount of the penalties.
Sec. 3702.301. (A) Except as provided in division (C) of this section, a freestanding birthing center is not required to obtain a license under section 3702.30 of the Revised Code if all of the following are the case:
(1) A religious denomination, sect, or group owns and operates the center.
(2) Requiring that the center be licensed significantly abridges or infringes on the religious practices or beliefs of that religious denomination, sect, or group.
(3) The center provides care only during low-risk pregnancy, delivery, and the immediate postpartum period exclusively to women who are members of that religious denomination, sect, or group.
(4) The center monitors and evaluates the care provided to its patients in accordance with at least the minimum patient safety monitoring and evaluation requirements established in rules adopted under division (D) of this section.
(5) The center meets the quality assessment and improvement standards established in rules adopted under division (D) of this section.
(B) If the director determines that a freestanding birthing center is no longer exempt from the requirement to obtain a license under section 3702.30 of the Revised Code because the center ceases to comply with division (A)(4) or (5) of this section, the director may order the center to come into compliance. In the order, the director may do all of the following:
(1) Identify what the center is not in compliance with and what the center needs to do to come into compliance;
(2) Require that the center come into compliance within a period of time specified in the order;
(3) Require that the center provide the director a written notice within a period of time specified in the order that contains all of the following:
(a) Certification that the center has come into compliance;
(b) The signature of the center's administrator or medical director and certification that the administrator or medical director, whichever signs the notice, is the center's authorized representative;
(c) Certification that the information contained in the notice and in any accompanying documentation is true and accurate;
(d) Any other information or documentation that the director may require to verify that the center has come into compliance.
(C) If the director issues an order to a freestanding birthing center under division (B) of this section and the center fails to comply with the order within the time specified in the order, the director may issue a second order that requires the center to cease operations until the center obtains a license under section 3702.30 of the Revised Code.
(D) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. The rules shall establish all of the following:
(1) Minimum patient safety monitoring and evaluation requirements;
(2) Quality assessment and improvement standards;
(3) Procedures for determining whether freestanding birthing centers are in compliance with the rules.
Sec. 3702.31. (A) The quality monitoring and
fund is hereby created in the state treasury. The
health shall use the fund to
administer and enforce this section
3702.11 to 3702.20, 3702.30, 3702.301, and 3702.32 of the
Code and rules adopted pursuant to those sections.
director shall deposit in the fund any moneys
to this section
or section 3702.32 of the Revised Code. All
investment earnings of
the fund shall be credited to the fund.
(B) The director of health shall adopt rules pursuant to
Chapter 119. of the Revised Code establishing fees
for both of the
(1) Initial and renewal license applications submitted under
3702.30 of the Revised Code. The fees established under
division (B)(1) of this section shall not
exceed the actual and
necessary costs of performing the
activities described in division
(A) of this section.
(2) Inspections conducted
under section 3702.15 or 3702.30
Code. The fees established
under division (B)(2)
section shall not exceed the actual and necessary costs
during an inspection, including any indirect costs
the department for staff, salary, or other
The director of health shall provide to
care facility or provider inspected pursuant to
or 3702.30 of the Revised
Code a written statement
The statement shall itemize and total the costs
Within fifteen days after receiving a
the director, the facility or provider shall
forward the total
amount of the fee to the director.
(3) The fees described in divisions
(B)(1) and (2) of this
shall meet both of the following requirements:
(a) For each service described in
section 3702.11 of the
Code, the fee shall not exceed
dollars annually, except that the total fees
health care provider under this section shall not exceed five
(b) The fee shall exclude any costs
reimbursable by the
health care financing
administration centers for medicare and medicaid services as part of the
certification process for the
medicare program established under
XVIII of the
Act," 49 79
Stat. 620 286 (1935), 42
301 1395, as amended, and the medicaid program established
XIX of that act the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396.
(4) The director shall not establish a fee for any
for which a licensure or inspection fee is paid by the
provider to a state agency for the same or similar
SECTION 2. That existing sections 3702.30 and 3702.31 of the Revised Code are hereby repealed.