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Sub. H. B. No. 276 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Becker, Blair, Blessing, Hackett, Hottinger, Johnson, Scherer, Sears, Smith, Buchy, Butler, Green, Maag, Pelanda Speaker Batchelder
A BILL
To amend section 2317.43 and to enact sections
2317.44 and 2317.45 of the Revised Code to provide
that certain statements and communications made
regarding an unanticipated outcome of medical
care, the development or implementation of
standards under certain federal laws, and an
insurer's reimbursement policies and determination
regarding health care services are inadmissible as
evidence in a medical claim.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2317.43 be amended and sections
2317.44 and 2317.45 of the Revised Code be enacted to read as
follows:
Sec. 2317.43. (A) In any civil action brought by an alleged
victim of an unanticipated outcome of medical care or in any
arbitration proceeding related to such a civil action, any and all
statements, affirmations, gestures, or conduct expressing apology,
sympathy, commiseration, condolence, compassion, error, fault, or
a general sense of benevolence that are made by a health care
provider or, an employee of a health care provider, or a
representative of a health care provider to the alleged victim, a
relative of the alleged victim, or a representative of the alleged
victim, and that relate to the discomfort, pain, suffering,
injury, or death of the alleged victim as the result of the
unanticipated outcome of medical care are inadmissible as evidence
of an admission of liability or as evidence of an admission
against interest.
(B) In any civil action brought by an alleged victim of an
unanticipated outcome of medical care, in any arbitration
proceeding related to such a civil action, or in any other civil
proceeding, any communications made by a health care provider, an
employee of a health care provider, or a representative of a
health care provider to the alleged victim, a relative or
acquaintance of the alleged victim, or a representative of the
alleged victim following an unanticipated outcome and made as part
of a review conducted in good faith by the health care provider,
an employee of the health care provider, or a representative of
the health care provider into the cause of or reasons for an
unanticipated outcome, are inadmissible as evidence unless the
communications are recorded in the medical record of the alleged
victim. Nothing in this section requires a review to be conducted.
(C) For purposes of this section, unless the context
otherwise requires:
(1) "Health care provider" has the same meaning as in
division (B)(5) of section 2317.02 of the Revised Code.
(2) "Relative" means a victim's spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother, sister, half
brother, half sister, or spouse's parents. The term includes said
relationships that are created as a result of adoption. In
addition, "relative" includes any person who has a family-type
relationship with a victim.
(3) "Representative of an alleged victim" means a legal
guardian, attorney, person designated to make decisions on behalf
of a patient under a medical power of attorney, or any person
recognized in law or custom as a patient's agent.
(4) "Representative of a health care provider" means an
attorney, health care provider, employee of a health care
provider, or other person designated by a health care provider or
an employee of a health care provider to participate in a review
conducted by a health care provider or employee of a health care
provider.
(5) "Review" means the policy, procedures, and activities
undertaken by or at the direction of a health care provider,
employee of a health care provider, or person designated by a
health care provider or employee of a health care provider with
the purpose of determining the cause of or reasons for an
unanticipated outcome, and initiated and completed during the
first forty-five days following the occurrence or discovery of an
unanticipated outcome. A review may be extended for a longer
period if necessary upon written notice to the patient, relative
of the patient, or representative of the patient.
(6) "Unanticipated outcome" means the outcome of a medical
treatment or procedure that differs from an expected result or any
outcome that is adverse or not satisfactory to the patient.
Sec. 2317.44. (A) As used in this section:
(1) "Health care provider" means any person or entity against
whom a medical claim may be asserted in a civil action.
(2) "Medical claim" has the same meaning as in section
2305.113 of the Revised Code.
(B) Any guideline, regulation, or other standard under any
provision of the "Patient Protection and Affordable Care Act,"
Pub. L. 111-148, 124 Stat. 119 (2010), 42 U.S.C. 18001 et seq., as
amended, Title XVIII of the "Social Security Act," 42 U.S.C. 1395
et seq., as amended, and Title XIX of the "Social Security Act,"
42 U.S.C. 1396 et seq., as amended, shall not be construed to
establish the standard of care or duty of care owed by a health
care provider to a patient in a medical claim and is not
admissible as evidence for or against any party in any civil
action based upon the medical claim or in any civil or
administrative action involving the licensing or licensure status
of the health care provider.
Sec. 2317.45. (A) As used in this section:
(1) "Health care provider" means any person or entity against
whom a medical claim may be asserted in a civil action.
(2) "Insurer" means any public or private entity doing or
authorized to do any insurance business in this state. "Insurer"
includes a self-insuring employer and the United States centers
for medicare and medicaid services.
(3) "Medical claim" has the same meaning as in section
2305.113 of the Revised Code.
(4) "Reimbursement determination" means an insurer's
determination of whether the insurer will reimburse a health care
provider for health care services and the amount of that
reimbursement.
(5) "Reimbursement policies" means an insurer's policies and
procedures governing its decisions regarding the reimbursement of
a health care provider for health care services, the method of
reimbursement, and the data upon which those policies and
procedures are based, including, but not limited to, data from
national research groups and other patient safety data.
(B) Any insurer's reimbursement policies or reimbursement
determination or regulations issued by the United States centers
for medicare and medicaid services or the Ohio department of
medicaid regarding the health care services provided to the
patient in any civil action based on a medical claim are not
admissible as evidence for or against any party in the action and
may not be used to establish a standard of care or breach of that
standard of care in the action.
Section 2. That existing section 2317.43 of the Revised Code
is hereby repealed.
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