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Sub. H. B. No. 417 As Passed by the HouseAs Passed by the House
|129th General Assembly|
Representatives Duffey, Thompson, Hall, Beck, Blair, Pelanda, Terhar, Patmon, Kozlowski, Reece, Hill, Hackett, Uecker, Yuko, Anielski, Antonio, Baker, Boose, Boyd, Butler, Garland, Hagan, C., Huffman, Johnson, Luckie, Lundy, Milkovich, Newbold, Ramos, Sykes, Winburn, Young Speaker Batchelder
To enact section 4731.228 of the Revised Code
regarding responsibility for notifying patients
that a physician's employment by a health care
entity has been terminated.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4731.228 of the Revised Code be
enacted to read as follows:
Sec. 4731.228. (A) As used in this section:
(1) "Health care entity" means any of the following that
employs a physician to provide physician services:
(a) A hospital registered with the department of health under
section 3701.07 of the Revised Code;
(b) A corporation formed under division (B) of section
1701.03 of the Revised Code;
(c) A corporation formed under Chapter 1702. of the Revised
(d) A limited liability company formed under Chapter 1705. of
the Revised Code;
(e) A health insuring corporation holding a certificate of
authority under Chapter 1751. of the Revised Code;
(g) A professional association formed under Chapter 1785. of
the Revised Code.
(2) "Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(3) "Physician services" means direct patient care services
provided by a physician pursuant to a certificate issued to the
physician by the state medical board.
(4) "Termination" means the end of a physician's employment
with a health care entity for any reason.
(B) This section applies when a physician's employment with a
health care entity to provide physician services is terminated for
(C)(1) Except as provided in division (C)(2) of this section,
a health care entity shall send notice of the termination of a
physician's employment to each patient who received physician
services from the physician in the two-year period immediately
preceding the date of employment termination. Only patients of the
health care entity who received services from the physician are to
receive the notice.
(2) If the health care entity provides to the physician a
list of patients treated and patient contact information, the
health care entity may require the physician to send the notice
required by this section.
(D) The notice provided under division (C) of this section
shall be provided not later than ten business days after
termination of the physician's employment with the health care
entity and in accordance with rules adopted by the state medical
board under section 4731.05 of the Revised Code. The notice shall
include at least all of the following:
(1) A notice to the patient that the physician will no longer
be practicing medicine as an employee of the health care entity;
(2) The physician's name and any information provided by the
physician that the patient may use to contact the physician;
(3) The date on which the physician ceased or will cease to
practice as an employee of the health care entity;
(4) Contact information for an alternative physician employed
by the health care entity.
(E) If a health care entity has violated this section by
failing to comply with the requirements of this section, a
physician may bring an action in equity against that health care
entity in the court of common pleas of the county where the
alleged violation occurred.
(F) The requirements of this section do not apply to any of
(1) A physician rendering services to a patient on an
episodic basis or in an emergency department or urgent care
center, when the physician should not reasonably expect that
related medical services will be rendered by the physician to the
patient in the future;
(2) A medical director or other physician providing services
in a similar capacity to a medical director to patients through a
hospice care program licensed pursuant to section 3712.04 of the
Section 2. Not later than six months after the effective date
of this section, the State Medical Board shall revise rule
4731-27-01 of the Administrative Code to require health care
entities, as defined in section 4731.228 of the Revised Code, to
provide notices in accordance with section 4731.228 of the Revised