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Sub. H. B. No. 164 As Reported by the House Health CommitteeAs Reported by the House Health Committee
127th General Assembly | Regular Session | 2007-2008 |
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Representative McGregor, R.
Cosponsors:
Representatives McGregor, J., Huffman, Evans, Skindell, Seitz, Dodd, Widener, Flowers, Stewart, J., Gibbs, Stebelton, Stewart, D., Bacon, Daniels, Miller, Foley, Wachtmann, Chandler, Peterson, White, Webster, Otterman, Fende, Brown, Boyd
A BILL
To amend section 2305.2341 and to enact section
3701.047 of the Revised Code to permit the Ohio
Department of Health to promote the establishment
of federally qualified health centers and create a
pilot program to place federally qualified health
centers in or adjacent to two hospital emergency
departments and to include federally qualified
health center look-alikes in the medical
malpractice premium assistance program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.2341 be amended and section
3701.047 of the Revised Code be enacted to read as follows:
Sec. 2305.2341. (A) The medical liability insurance
reimbursement program is hereby established. Free clinics and
federally qualified health center look-alikes, including the
clinics' and centers' staff and volunteer health care
professionals and volunteer health care workers, may participate
in the medical liability insurance reimbursement program
established by this section. The coverage provided under the
program shall be limited to claims that arise out of the
diagnosis, treatment, and care of patients of free clinics and
centers, as defined in division (D)(1) of this section.
(B) A free clinic or federally qualified health center
look-alike is eligible to receive reimbursement under the medical
liability insurance reimbursement program for the premiums that
the clinic or center pays for medical liability insurance coverage
for the clinic or center, its staff, and volunteer health care
professionals and health care workers. Free clinics and federally
qualified health center look-alikes shall register with the
department of health by the thirty-first day of January of each
year in order to participate in and to obtain reimbursement under
the program. Free Clinics that register with the department in
accordance with this division shall receive priority over centers
that register for reimbursement.
Free clinics and federally qualified health center
look-alikes shall provide all of the following to the department
of health at the time of registration:
(1) A statement of the number of volunteer and paid health
care professionals and health care workers providing health care
services at the free clinic or federally qualified health center
look-alike at that time;
(2) A statement of the number of health care services
rendered by the free clinic or federally qualified health center
look-alike during the previous fiscal year;
(3) A signed form acknowledging that the free clinic or
federally qualified health center look-alike agrees to follow its
medical liability insurer's risk management and loss prevention
policies;
(4) A copy of the medical liability insurance policy
purchased by the free clinic or federally qualified health center
look-alike, or the policy's declaration page, and documentation of
the premiums paid by the clinic or center.
(C) The department of health shall reimburse free clinics and
federally qualified health center look-alikes participating in the
professional liability insurance reimbursement program for up to
eighty per cent of the premiums that the free clinic or center
pays for medical liability insurance coverage up to twenty
thousand dollars. Appropriations to the department of health may
be made from the general fund of the state for this purpose.
(D) As used in this section:
(1) "Federally qualified health center look-alike" means a
public or not-for-profit health center that meets the eligibility
requirements to receive a federal public health services grant
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.
254b, as amended, but does not receive grant funding.
(2) "Free clinic" means a nonprofit organization exempt from
federal income taxation under section 501(c)(3) of the "Internal
Revenue Code of 1986," as amended, or a program component of a
nonprofit organization, whose primary mission is to provide health
care services for free or for a minimal administrative fee to
individuals with limited resources. A free clinic facilitates the
delivery of health care services through the use of volunteer
health care professionals and voluntary care networks. For this
purpose, a free clinic shall comply with all of the following:
(a) If a free clinic does request a minimal administrative
fee, a free clinic shall not deny an individual access to its
health care services based on an individual's ability to pay the
fee.
(b) A free clinic shall not bill a patient for health care
services rendered.
(c) Free clinics shall not perform operations, as defined by
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised
Code.
A clinic is not a free clinic if the clinic bills medicaid,
medicare, or other third-party payers for health care services
rendered at the clinic, and receives twenty-five per cent or more
of the clinic's annual revenue from the third-party payments.
(2)(3) "Health care professional" and "health care worker"
have the same meanings as in section 2305.234 of the Revised Code.
Sec. 3701.047. (A) As used in this section:
(1) "Federally qualified health center" means a health center
that receives a federal public health services grant under the
"Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as
amended, or another health center designated by the U.S. Health
Resources and Services Administration as a federally qualified
health center.
(2) "Federally qualified health center look-alike" means a
public or not-for-profit health center that meets the eligibility
requirements to receive a federal public health services grant
under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C.
254b, as amended, but does not receive grant funding.
(B) The department of health may enter into an agreement with
the state's primary care association to promote the establishment
of new federally qualified health centers and federally qualified
health center look-alikes. If the department enters into an
agreement, the department and the association shall assist local
communities and community health centers by providing grants and
grant writing assistance to establish health centers as defined in
42 U.S.C. 254b, regardless of whether the health centers apply for
grants under that section.
Section 2. That existing section 2305.2341 of the Revised
Code is hereby repealed.
Section 3. (A) As used in this section:
(1) "Federally qualified health center" means a health center
that receives a federal public health services grant under the
"Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as
amended, or another health center designated by the U.S. Health
Resources and Services Administration as a federally qualified
health center.
(2) "Rural area" means any area of this state not located in
a metropolitan statistical area.
(3) "Urban area" means any area of this state located in a
metropolitan statistical area.
(B) The Department of Health may establish a pilot program to
place two federally qualified health centers in or adjacent to
hospital emergency departments. If the Department chooses to
establish a pilot program, the following shall occur:
(1) The Department shall locate one health center in or
adjacent to a hospital located in an urban area and the other
health center in or adjacent to a hospital in a rural area.
(2)(a) Except as provided in division (B)(2)(b) of this
section, each hospital and health center that participates in the
pilot program shall, not later than one year after the health
center becomes operational, prepare and submit a report to the
Governor and the General Assembly regarding the number of patients
that received care at the health center for nonemergency
conditions rather than receiving care in the hospital's emergency
department.
(b) If the Department is unable to establish the pilot
program not later than one year after the effective date of this
section, the Department shall submit a report to the Governor and
the General Assembly indicating the Department's progress.
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