To amend section 3901.71 and to enact section 5111.0210 of the Revised Code to require the Medicaid program to cover, subject to federal approval, all health benefits established as mandated health benefits under the state's insurance laws and to preclude application of additional mandated health benefits under those laws until the Medicaid program covers the health benefits.

Section 1. That section 3901.71 be amended and section 5111.0210 of the Revised Code be enacted to read as follows:

Sec. 3901.71.  (A) As used in this section, "mandated health benefits" means any required coverage, or required offering of coverage, for the expenses of specified services, treatments, or diseases under any policy, contract, plan, or other arrangement providing sickness and accident or other health benefits to policyholders, subscribers, or members.

(B) Any provision for mandated health benefits contained in a law enacted by the general assembly after January 14, 1993, shall not be applied to any policy, contract, plan, or other arrangement providing sickness and accident or other health benefits until the superintendent of insurance determines, pursuant to a hearing conducted in accordance with Chapter 119. of the Revised Code, that the provision can be applied fully and equally in all respects to employee benefit plans subject to regulation by the federal "Employee Retirement Income Security Act of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended, and to employee benefit plans established or modified by the state or any political subdivision of the state, or by any agency or instrumentality of the state or any political subdivision of the state.

(C) Any provision for a mandated health benefit contained in a law enacted by the general assembly after the effective date of this amendment shall not be applied to any policy, contract, plan, or other arrangement providing sickness and accident or other health benefits until the medicaid program covers the health benefit.

Sec. 5111.0210. (A) Except as provided by division (C) of this section, the medicaid program shall cover all health benefits that law enacted by the general assembly requires any policy, contract, plan, or other arrangement providing sickness and accident or other health benefits to cover or offer to cover.

(B) The director of job and family services shall do either or both of the following as necessary to obtain federal financial participation for the health benefits specified in division (A) of this section:

(1) Submit one or more medicaid state plan amendments to the United States secretary of health and human services;

(2) Request that the United States secretary of health and human services issue one or more federal medicaid waivers.

(C) If the United States secretary of health and human services refuses to approve a medicaid state plan amendment or federal medicaid waiver that is necessary for the state to obtain federal financial participation for a health benefit specified in division (A) of this section, the medicaid program shall not cover the health benefit.

Section 2. That existing section 3901.71 of the Revised Code is hereby repealed.