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Sub. H. B. No. 16 As Reported by the Senate Insurance, Commerce and Labor CommitteeAs Reported by the Senate Insurance, Commerce and Labor Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Dodd, Letson, Dyer, Phillips, Bolon, Brown, Combs, Domenick, Foley, Gerberry, Goyal, Harris, Heard, Koziura, Luckie, Mallory, Moran, Pryor, Slesnick, Stewart, Szollosi, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko
A BILL
To amend sections 2305.24, 2305.25, 4121.04, and
4123.511 of the Revised Code to make changes to
the Industrial Commission Law, to make
appropriations for the Industrial Commission
for
the biennium beginning July 1, 2009, and
ending
June 30, 2011, and to provide authorization
and
conditions for the operation of Commission
programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101. That sections 2305.24,
2305.25, 4121.04, and
4123.511 of the Revised Code be amended to read as follows:
Sec. 2305.24. Any information, data, reports, or records
made available to a quality assurance committee or utilization
committee of a hospital or long-term care facility or of any
not-for-profit health care
corporation that is a member of the
hospital or long-term care facility
or of which the hospital or
long-term care facility is a member
are confidential and
shall be
used by
the committee and the committee members only in
the
exercise of
the proper functions of the committee. Any
information, data,
reports, or records made available to a
utilization committee of
a state or local medical society composed
of doctors of medicine
or doctors of osteopathic medicine
are
confidential and shall be used by the committee and the
committee
members only in the exercise of the proper functions of
the
committee. A right of action similar to that a patient may
have
against an attending physician for misuse of information,
data,
reports, or records arising out of the physician-patient
relationship shall accrue against a member of a quality
assurance
committee or utilization committee for misuse of any
information,
data, reports, or records furnished to the committee
by an
attending physician. No physician, institution,
hospital, or
long-term care facility furnishing
information, data, reports, or
records to
a committee with respect to any patient examined or
treated by
the physician or confined in the institution,
hospital,
or long-term care facility
shall, by reason of the
furnishing, be
deemed liable in
damages to any person, or be held
to answer for
betrayal of a
professional confidence within the
meaning and
intent of section
4731.22 of the Revised Code.
Information, data,
or reports
furnished to a utilization committee
of a state or
local medical
society shall contain no name of any
person involved
therein.
Any information, data, reports, or records made available to
a quality assurance committee of the bureau of workers'
compensation or the industrial commission that is responsible for
reviewing the professional qualifications and the performance of
providers conducting medical examinations or file reviews for the
bureau or the commission are confidential and shall be used by the
committee and the committee members only in the exercise of the
proper functions of the committee.
As used in this section,
"utilization committee" is the
committee established to administer a utilization review plan of
a
hospital, of a not-for-profit health care corporation which is
a
member of the hospital or of which the hospital is a member, or
of
a skilled nursing facility as provided in
the
"Health Insurance
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).
Sec. 2305.25. As used in this section and sections 2305.251
to 2305.253 of the
Revised Code:
(A)(1) "Health care entity" means an entity,
whether acting
on its own behalf or
on behalf of or in
affiliation
with other
health care entities,
that conducts as part
of its
regular
business activities
professional credentialing or
quality review
activities
involving
the competence of, professional
conduct of,
or
quality of care
provided by health care providers, including
both
individuals who
provide health care and
entities that provide
health care.
(2) "Health care entity" includes any entity described in
division (A)(1) of this section, regardless of whether it is a
government entity; for-profit or nonprofit corporation; limited
liability company; partnership; professional corporation; state or
local society composed of physicians, dentists, optometrists,
psychologists, or pharmacists; or other health care organization.
(B) "Health insuring corporation" means an entity that holds
a certificate of authority under Chapter 1751. of the Revised
Code. "Health insuring
corporation" includes wholly owned
subsidiaries of a health
insuring corporation.
(C) "Hospital" means either of the following:
(1) An institution that has been registered or licensed by
the department of health as a hospital;
(2) An entity, other than an insurance company authorized to
do business in this state, that owns, controls, or is affiliated
with an institution that has been registered or licensed by the
department of health as a hospital.
(D) "Incident report or risk management report" means a
report of an incident involving injury or potential injury to a
patient as a result of patient care provided by health care
providers, including both individuals who provide health care and
entities that provide health care, that
is prepared by or for the
use of a peer review committee of a health care entity and is
within the scope of
the functions of that committee.
(E)(1) "Peer review committee" means a utilization review
committee, quality assessment committee, performance improvement
committee, tissue committee, credentialing committee, or other
committee that does either of the following:
(a) Conducts professional credentialing or quality
review
activities involving the competence of, professional conduct of,
or
quality of care provided by health care providers, including
both
individuals who provide health care
and entities that provide
health care;
(b) Conducts any other attendant hearing process initiated
as
a result of a peer review committee's recommendations or
actions.
(2) "Peer review committee" includes all of
the following:
(a) A peer review committee of a hospital or long-term care
facility or a peer review committee of a nonprofit health
care
corporation that is a member of the hospital or long-term care
facility or of which the
hospital
or facility is a member;
(b) A peer review committee of a community mental health
center;
(c) A board or committee of a hospital, a long-term care
facility, or other
health care entity when reviewing professional
qualifications or activities of health care providers, including
both individuals who provide health care and entities that provide
health care;
(d) A peer review committee, professional standards review
committee, or arbitration committee of a state or local society
composed of members who are in active practice as physicians,
dentists, optometrists, psychologists, or
pharmacists;
(e) A peer review committee of a health insuring corporation
that has at least a two-thirds majority of member physicians in
active practice and that conducts professional credentialing and
quality review activities involving the competence or professional
conduct of health care providers that adversely affects or could
adversely affect the health or welfare of any patient;
(f) A peer review committee of a
health insuring corporation
that has at least a two-thirds
majority of member physicians in
active
practice and that conducts
professional credentialing and
quality
review activities involving
the competence or professional
conduct
of a health care facility
that has contracted with the
health
insuring corporation to
provide health care
services to
enrollees,
which conduct adversely
affects, or could
adversely
affect, the
health or welfare of any
patient;
(g) A peer review committee of a sickness and accident
insurer that has at least a two-thirds
majority of physicians in
active practice and that conducts
professional credentialing and
quality review activities involving
the competence or professional
conduct of health care providers
that adversely affects or could
adversely affect the health or
welfare
of any patient;
(h) A peer review committee of a sickness and accident
insurer that has at least a two-thirds
majority of physicians in
active practice and that conducts
professional credentialing and
quality review activities involving
the competence or professional
conduct of a health care facility
that has contracted with the
insurer to provide health care
services to insureds, which conduct
adversely affects, or could
adversely affect, the health or
welfare of any patient;
(i) A peer review committee of any insurer authorized under
Title XXXIX of the Revised Code to do the business of medical
professional liability insurance in this state that conducts
professional quality review activities involving the competence or
professional conduct of health care providers that adversely
affects or could affect the health or welfare of any patient;
(j) A peer review committee of the bureau of workers'
compensation or the industrial commission that is responsible for
reviewing the professional qualifications and the performance of
providers conducting medical examinations or file reviews for the
bureau or the commission;
(k) Any other peer review committee of a health care entity.
(F) "Physician" means an individual authorized to practice
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery.
(G) "Sickness and accident insurer" means an entity
authorized under Title XXXIX of the Revised Code to do the
business of sickness and accident insurance in this state.
(H) "Tort action" means a civil action for damages for
injury, death, or loss to a patient of a health care entity. "Tort
action" includes a product liability claim, as defined in section
2307.71 of the Revised Code, and an asbestos claim, as defined in
section 2307.91 of the Revised Code, but does not include a
civil
action for a breach of contract or another agreement between
persons.
Sec. 4121.04. (A) There is hereby created the industrial
commission nominating council consisting of four
five employer
representatives and, four labor representatives, one
representative from the Ohio association for justice, and two
members of
the public, each of a different political party, who
are
appointed by the governor. The
nominating council shall make
recommendations to
the governor for
the appointment of members
to
the
industrial
commission as
provided in section 4121.02 of
the
Revised Code.
(B) The governor shall make initial appointments to the
nominating council within fourteen days after October
20, 1993, by
appointing two persons, each of a
different political party, as
public representatives and the four
employer and four employee
representatives. In making the
appointments, the governor shall
select the members representing
employees from a list of eight
names submitted by the Ohio
federation of labor, the member
representing the Ohio association for justice from a list of two
names submitted by the Ohio association of justice, and the
members
representing employers from a
list of eight ten names
submitted
jointly by the major statewide Ohio
industry
organizations
representing self-insuring employers,
manufacturers,
retail
merchants, and chambers of commerce,
provided that such
organizations have been in existence since
prior to November 3,
1974, and further provided that from the
list submitted from the
organizations representing industry, the.
The governor shall
appoint at
least one member from each of the
Ohio industry
organizations which represent
self-insuring employers,
manufacturers, retail merchants, and
chambers of commerce. Of
the
list submitted by the Ohio industry organizations
representing
industry, two
individuals from each of the Ohio industry
organizations which represent
self-insuring employers,
manufacturers, retail merchants, and
chambers of commerce shall be
included in the list. One employer
and employee representative
shall serve an initial term of office
ending October 20, 1994, one
employer and one employee representative shall serve an initial
term of office ending October 20, 1995, one employer
and one
employee representative shall serve
an initial term of office
ending October 20, 1996,
and one employer and one employee
representative shall serve an initial term of office ending four
years after the effective date of this section. Thereafter,
terms
Terms
of office of employer and employee representatives are for
four
years, each term ending on the same day as the date of their
original appointment. The Ohio federation of labor for a vacancy
of an employee representative on the council, and the
Ohio
industry organizations, for a vacancy of an employer
representative on the council, shall submit to the
governor a
list
containing two names for appointment and the governor shall
appoint an individual from the list to fill the vacancy provided
that the list submitted to fill an industry representative
vacancy
shall contain the names of individuals who represent the
organizations for which a vacancy has occurred. One public
member
shall represent the interests of small business and shall
serve an
initial term of office ending October 20,
1994, and the remaining
public member
shall serve a term of office ending October 20,
1995. Thereafter, public
Public members shall serve for
a term of
two
years, each term ending on the same day as the date
of their
original appointment. The governor shall fill a vacancy
occurring
on the nominating council for a public
member in the
same manner
as for the original appointment but only for the
unexpired part of
the term. As used in this division, "small
business" means any
manufacturing establishment employing five
hundred or fewer
employees or any retail, or other service
establishment employing
one hundred or fewer employees. The representative from the Ohio
association for justice shall serve for a term of four years, each
term
ending on the twentieth day of October of the appropriate
year.
The governor shall fill a vacancy occurring on the
nominating
council for the representative from the Ohio
association for justice in the
same manner as the original
appointment. In the
event that an
appointment
to the council
does not
conform to
this division,
such
organizations may
challenge the appointment
pursuant to
division
(E) of this
section, provided that the industry
organizations only
may
challenge the appointment of an industry
representative, and
further provided that the labor
organization
only may challenge
the appointment of a labor
representative.
(C) At the time of the initial appointment of the members
to
the nominating council, the governor shall
immediately call
a
meeting of the nominating council in order to make
the initial
recommendations to the governor for the appointment of
industrial
commission members under section 4121.02 of the
Revised Code. At
that meeting, the members shall elect a
chairperson and such other
officers as it determines
necessary. Thereafter, the The
nominating
council
annually shall meet
and elect such officers as
it
determines appropriate and shall meet
at such other times as
it
determines appropriate in order to make
recommendations to the
governor for the appointment of industrial
commission members
pursuant to section 4121.02 of the Revised
Code.
(D) Members of the nominating council shall be paid
fifty
dollars per day and their actual and necessary expenses
while
engaged in the performance of their duties as members of
the
nominating council, which the industrial
commission shall
pay from
funds which the industrial commission uses to pay its
operating
expenses.
(E) An association generally recognized as representing the
interests of labor or industry may file, within fifteen days after
the
governor's
appointment of a member, a challenge in the common
pleas court of
Franklin county asserting that a representative
named to represent
its interests is not representative of the
interests the
appointee has been appointed to represent. An
appointee whose appointment
has been challenged shall not
receive
any pay nor serve on the nominating council
until the court,
acting
without a jury and following the expedited timetable
provided for hearing on
restraining orders in Civil Rule 65, makes
a determination
that the appointee is a true and qualified
representative of the group for
which the appointee is selected
and possesses all of the
qualifications.
A challenged appointee may request the attorney general to
represent
the appointee in an action brought under this division
and
the attorney general shall provide the appointee with
competent representation without charge.
(F) As used in this section, "Ohio industry organizations"
means all of the following organizations:
(1) The Ohio self-insurers' association;
(2) The Ohio manufacturers' association;
(3) The Ohio council of retail merchants;
(4) The Ohio chamber of commerce;
(5) The national federation of independent business.
Sec. 4123.511. (A) Within seven days after receipt of
any
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the
receipt of the claim and of the facts alleged therein. If the
bureau receives from a person other than the claimant written or
facsimile information or information
communicated verbally
over
the telephone indicating that an injury or occupational disease
has occurred or been contracted which may be compensable
under
this chapter,
the bureau shall notify the
employee and the
employer of the information. If the information
is provided
verbally over the
telephone, the person
providing the information
shall provide written verification of
the information to the
bureau according to division (E) of
section 4123.84 of the Revised
Code. The receipt of the
information in writing or facsimile, or
if initially by
telephone, the
subsequent written verification,
and the notice by the bureau shall be
considered an application
for compensation under section 4123.84
or 4123.85 of the Revised
Code, provided that the conditions of
division (E) of section
4123.84 of the Revised Code apply to
information provided verbally
over
the telephone. Upon receipt of a claim, the bureau shall
advise the
claimant of the claim number assigned and the
claimant's right to
representation
in the processing of a claim or
to elect no representation. If
the bureau determines that a claim
is determined to be a
compensable lost-time claim, the bureau
shall notify the claimant
and the employer of the availability of
rehabilitation services.
No bureau or industrial commission
employee shall directly or
indirectly convey any information in
derogation of this right.
This section shall in no way abrogate
the bureau's responsibility
to aid and assist a claimant in the
filing of a claim and to
advise the claimant of the claimant's
rights under the law.
The administrator of workers' compensation shall assign all
claims and investigations to the bureau service office from which
investigation and determination may be made most expeditiously.
The bureau shall investigate the facts concerning an injury
or
occupational disease and ascertain such facts in whatever
manner
is most appropriate and may obtain statements of the
employee,
employer, attending physician, and witnesses in whatever
manner
is most appropriate.
The administrator,
with the
advice and consent of the bureau
of workers'
compensation board of directors, may adopt rules that
identify
specified medical
conditions that have a historical
record of
being allowed whenever
included in a claim. The
administrator
may grant immediate
allowance of any medical
condition identified
in those rules upon
the filing of a claim
involving that medical
condition and may
make immediate payment of
medical bills for any
medical condition
identified in those rules
that is included in a
claim. If an
employer contests the allowance
of a claim involving
any medical
condition identified in those
rules, and the claim is
disallowed,
payment for the medical
condition included in that
claim shall be
charged to and paid from
the surplus fund created
under section
4123.34 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this
section,
in claims other than those in which the employer is a
self-insuring employer, if the administrator determines under
division (A) of this section that a claimant is or is not
entitled
to an award of compensation or benefits, the
administrator shall
issue an order no later than
twenty-eight days after the sending
of the notice under division
(A) of this section, granting or
denying the payment of the
compensation or benefits, or both as is
appropriate to the
claimant. Notwithstanding the time limitation
specified in this division for
the issuance of an order, if a
medical examination of the claimant is required
by statute, the
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight
days after
receipt of the report of the examination. The
administrator shall notify the
claimant and the
employer of the
claimant and their respective representatives in
writing of the
nature of the order and the amounts of
compensation and benefit
payments involved. The employer or
claimant may appeal the order
pursuant to division (C) of this
section within fourteen days
after the date of the receipt of the
order. The employer and
claimant may waive, in writing, their
rights to an appeal under
this division.
(2) Notwithstanding the time limitation specified in
division
(B)(1) of this section for the issuance of an order, if
the
employer certifies a claim for payment of compensation or
benefits, or both, to a claimant, and the administrator has
completed the investigation of the claim, the payment of
benefits
or compensation, or both, as is appropriate, shall commence upon
the later of the date of the certification or completion of the
investigation and issuance of the order by the administrator,
provided that the administrator shall issue the order no later
than the time limitation specified in division (B)(1) of this
section.
(3) If an appeal is made under division (B)(1) or (2) of
this
section, the administrator shall forward the claim file to
the
appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the
administrator shall forward the claim within seven days of the
administrator's
receipt of the claim to the industrial commission,
which shall refer
the claim to an appropriate district hearing
officer for a
hearing in accordance with division (C) of this
section.
(C) If an employer or claimant timely appeals the order of
the administrator issued under division (B) of this section or in
the case of other contested claims other than state fund claims,
the commission shall refer the claim to an appropriate district
hearing officer according to rules the commission adopts under
section 4121.36 of the Revised Code. The district hearing
officer
shall notify the parties and their respective
representatives of
the time and place of the hearing.
The district hearing officer shall hold a hearing on a
disputed issue or claim within
forty-five days after the filing of
the appeal under this division and
issue a decision within seven
days after holding the hearing. The
district hearing officer shall
notify the parties and their respective
representatives in writing
of the order. Any party may
appeal an
order issued under this
division pursuant to division (D) of this
section within fourteen
days after receipt of the order under
this division.
(D) Upon the timely filing of an appeal of the order of
the
district hearing officer issued under division (C) of this
section, the commission shall refer the claim file to an
appropriate staff hearing officer according to its rules adopted
under section 4121.36 of the Revised Code. The staff hearing
officer shall hold a hearing within forty-five days after the
filing of an appeal under this division and issue a decision
within seven days after holding the
hearing under this
division.
The staff hearing officer shall notify the parties and
their
respective representatives in writing of the staff hearing
officer's order. Any
party may appeal an order issued under this
division pursuant to
division (E) of this section within fourteen
days after receipt
of the order under this division.
(E) Upon the filing of a timely appeal of the order of the
staff hearing officer issued under division (D) of this section,
the commission or a designated staff hearing officer, on behalf of
the
commission, shall determine whether the commission
will hear
the appeal. If the commission or the designated staff
hearing
officer decides to hear the appeal, the
commission or the
designated staff hearing officer shall notify the
parties and
their respective representatives in
writing of the time and place
of the hearing. The commission
shall hold the hearing within
forty-five days after the filing of
the notice of appeal and,
within seven days after the conclusion
of the hearing, the
commission shall issue its order affirming,
modifying, or
reversing the order issued under division (D) of
this section. The
commission shall notify the parties and their
respective
representatives in writing of the order. If the
commission or the
designated staff hearing officer determines not to
hear the
appeal, within fourteen days after the filing of
the notice of
appeal expiration of the period in which an appeal of the order of
the staff hearing officer may be filed as provided in division (D)
of this section, the commission or the designated staff hearing
officer
shall issue an order to that effect and notify the
parties and
their respective representatives in writing of that
order.
Except as otherwise provided in this chapter and Chapters
4121., 4127., and 4131. of the Revised Code, any party may appeal
an order issued under this division to the court pursuant to
section 4123.512 of the Revised Code within sixty days after
receipt of the order, subject to the limitations contained in
that
section.
(F) Every notice of an appeal from an order issued under
divisions (B), (C), (D), and (E) of this section shall state the
names of the claimant and employer, the number of the claim, the
date of the decision appealed from, and the fact that the
appellant appeals therefrom.
(G) All of the following apply to the proceedings under
divisions (C), (D), and (E) of this section:
(1) The parties shall proceed promptly and without
continuances except for good cause;
(2) The parties, in good faith, shall engage in the free
exchange of information relevant to the claim prior to the
conduct
of a hearing according to the rules the commission adopts
under
section 4121.36 of the Revised Code;
(3) The administrator is a party and may appear and
participate at all
administrative proceedings on behalf of the
state insurance fund.
However, in cases in which the employer is
represented, the administrator
shall neither present arguments nor
introduce testimony that is cumulative to
that presented or
introduced by the employer or the employer's representative.
The
administrator may file an appeal under this section on behalf of
the
state insurance fund; however, except in cases arising under
section 4123.343
of the Revised Code, the administrator only may
appeal questions of law or
issues of fraud when the employer
appears in person or by representative.
(H) Except as provided in section 4121.63 of the Revised Code
and
division (K) of
this section, payments of compensation to a
claimant or on behalf of a
claimant as a result of any order
issued under this chapter shall commence
upon the earlier of the
following:
(1) Fourteen days after the date the administrator issues
an
order under division (B) of this section, unless that order is
appealed;
(2) The date when the employer has
waived the right to
appeal
a decision issued under division (B) of this section;
(3) If no appeal of an order has been filed under this
section or to a court under section 4123.512 of the Revised Code,
the expiration of the time limitations for the filing of an
appeal
of an order;
(4) The date of receipt by the employer of an order of a
district
hearing officer, a staff hearing officer, or
the
industrial commission issued under division (C), (D),
or (E) of
this section.
(I) Payments of medical benefits payable under this chapter
or
Chapter 4121., 4127., or 4131. of the Revised Code shall
commence upon the earlier of the following:
(1) The date of the issuance of the staff hearing
officer's
order under division (D) of this section;
(2) The date of the final administrative or judicial
determination.
(J)
The administrator shall charge the compensation payments
made in accordance with division (H) of this section or medical
benefits payments made in accordance with division (I) of this
section to an employer's experience immediately after the employer
has exhausted the employer's administrative appeals as provided in
this section or has waived the employer's right to an
administrative appeal under division (B) of this section, subject
to the adjustment specified in division (H) of section 4123.512 of
the Revised Code.
(K) Upon the final administrative or judicial
determination
under this section or section 4123.512 of the Revised Code of an
appeal of an order to pay compensation, if a claimant is found to
have
received compensation pursuant to a prior order which is
reversed upon
subsequent appeal, the claimant's
employer, if a
self-insuring
employer, or the bureau, shall withhold from any
amount to which the claimant becomes entitled pursuant to any
claim, past, present, or future, under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, the amount of previously paid
compensation to the claimant which, due to
reversal upon appeal,
the claimant is not entitled, pursuant to the
following criteria:
(1) No withholding for the first twelve weeks of temporary
total disability compensation pursuant to section 4123.56 of the
Revised Code shall be made;
(2) Forty per cent of all awards of compensation paid
pursuant to sections 4123.56 and 4123.57 of the Revised Code,
until the amount overpaid is refunded;
(3) Twenty-five per cent of any compensation paid pursuant
to
section 4123.58 of the Revised Code until the amount overpaid
is
refunded;
(4) If, pursuant to an appeal under section 4123.512 of
the
Revised Code, the court of appeals or the supreme court
reverses
the allowance of the claim, then no amount of any
compensation
will be withheld.
The administrator and self-insuring employers, as
appropriate, are subject
to the repayment schedule of this
division only with respect to an order to pay
compensation that
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal.
The
administrator and self-insuring employers are not subject to,
but may utilize,
the repayment schedule of this division, or any
other lawful means, to collect
payment of compensation made to a
person who was not entitled to the
compensation due to fraud as
determined by the administrator or the industrial
commission.
(L) If a staff hearing officer or the commission fails to
issue a decision or the commission fails to refuse to hear an
appeal within the time periods required by this section, payments
to a claimant shall cease until the staff hearing officer or
commission issues a decision or hears the appeal, unless the
failure was due to the fault or neglect of the employer or the
employer agrees that the payments should continue for a longer
period of time.
(M) Except as otherwise provided in this section or section
4123.522 of the
Revised Code, no appeal is timely filed under this
section unless the
appeal is filed with the time limits set forth
in this section.
(N) No person who is not an employee of the bureau or
commission or who is not by law given access to the contents of a
claims file shall have a file in the person's possession.
(O) Upon application of a party who resides in
an area in
which an emergency or disaster is declared, the
industrial
commission and hearing officers of the commission may
waive the
time frame within which claims and appeals of claims
set forth in
this section must be filed upon a finding that the
applicant was
unable to comply with a filing deadline due to an
emergency or a
disaster.
As used in this division:
(1) "Emergency" means any occasion or instance for which
the
governor of Ohio or the president of the United
States
publicly
declares an emergency and orders state or federal
assistance to
save lives and protect property, the public health
and safety, or
to lessen or avert the threat of a catastrophe.
(2) "Disaster" means any natural catastrophe or fire,
flood,
or explosion, regardless of the cause, that causes damage
of
sufficient magnitude that the governor of Ohio or the
president of
the United States, through a public
declaration,
orders state or
federal assistance to alleviate damage, loss,
hardship, or
suffering that results from the occurrence.
Section 102. That existing sections 2305.24, 2305.25,
4121.04, and 4123.511 of the Revised
Code are hereby repealed.
Section 201. All items in
this section are hereby
appropriated
out of
any
moneys in the
state treasury to the
credit of the
designated
fund. For all
appropriations made in this
section,
those in the
first column are
for fiscal
year 2010, and
those in
the second
column are for
fiscal year 2011.
FND |
AI |
|
AI TITLE |
|
|
FY 2010 |
|
|
FY 2011 |
OIC INDUSTRIAL COMMISSION
Workers' Compensation Fund Group
5W30 |
845321 |
|
Operating Expenses |
|
$ |
50,838,924 |
|
$ |
52,838,924 |
5W30 |
845402 |
|
Rent - William Green Building |
|
$ |
6,149,960 |
|
$ |
6,011,960 |
5W30 |
845410 |
|
Attorney General Payments |
|
$ |
3,793,650 |
|
$ |
3,793,650 |
TOTAL WCF Workers' Compensation |
|
|
|
|
|
|
Fund Group |
|
$ |
60,782,534 |
|
$ |
62,644,534 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
60,782,534 |
|
$ |
62,644,534 |
RENT - WILLIAM GREEN BUILDING
The foregoing appropriation item 845402, Rent - William
Green
Building, shall
be used for rent and operating expenses for
the
space occupied by the
Industrial Commission in the William
Green
Building.
Section 210. Nothing in this act shall affect the term
of
any member of the Industrial Commission Nominating Council
serving
on the effective date of this section.
The Governor shall appoint to the Industrial Commission
Nominating Council a person to serve as a member who represents
employers and a person to serve as a representative from the Ohio
Association for Justice not later than fourteen days after the
effective
date of this section, and those members shall take
office not
later than ninety days after the effective date of
this section.
The Governor shall choose the employer
representative from a list
of two names selected by the National
Federation of Independent
Business and shall appoint that
employer representative to a
term
ending October 20, 2013. The
Governor shall appoint the
representative from the Ohio
Association for Justice to a term ending October
20, 2010.
Except as otherwise provided in this section, the
appointments made by the Governor pursuant to this section shall
comply with section 4121.04 of the Revised Code, as amended by
this act.
Section 230. Law contained in the main operating
appropriations act of the 128th General Assembly that applies
generally to the appropriations made in that act also applies
generally to the appropriations made in this act.
Section 301. The provisions of law contained in this act, and
their applications, are severable. If any provision of law
contained in this act, or if any application of any provision of
law contained in this act, is held invalid, the invalidity does
not affect other provisions of law contained in this act and their
applications that can be given effect without the invalid
provision or application.
Section 401. An item that composes the whole or part of an
uncodified section of law contained in this act has no effect
after June 30, 2011, unless the context clearly indicates
otherwise.
Section 501. Except as otherwise provided in this act, the
amendment or enactment by this act of a section of law is
exempt
from the referendum because it is or relates to an
appropriation
for current expenses within the meaning of Ohio
Constitution,
Article II, Section 1d and section 1.471 of the
Revised Code and
therefore takes effect immediately when this act
becomes law.
Section 503. The amendment of sections 2305.24, 2305.25, and
4123.511
of the Revised Code by this act are subject to the
referendum
under Ohio Constitution, Article II, Section 1c and
therefore take
effect on the ninety-first day after this act is
filed with the
Secretary of State.
|