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H. B. No. 287 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Burke, Sears
Cosponsors:
Representatives Adams, J., Baker, Balderson, Blair, Boose, Goodwin, Grossman, Lehner, Morgan, Snitchler, Wachtmann
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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