130th Ohio General Assembly
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H. B. No. 366  As Introduced
As Introduced

130th General Assembly
Regular Session
H. B. No. 366

Representative Sprague 

Cosponsors: Representatives Buchy, Hood, Phillips, Ruhl, Smith 

To amend section 3712.06 of the Revised Code to require hospice care programs to establish procedures to prevent diversion of controlled substances that contain opioids.

Section 1. That section 3712.06 of the Revised Code be amended to read as follows:
Sec. 3712.06.  Any person or public agency licensed under section 3712.04 of the Revised Code to provide a hospice care program shall:
(A) Provide a planned and continuous hospice care program, the medical components of which shall be under the direction of a physician;
(B) Ensure that care is available twenty-four hours a day and seven days a week;
(C) Establish an interdisciplinary plan of care for each hospice patient and his the patient's family that:
(1) Is coordinated by one designated individual who shall ensure that all components of the plan of care are addressed and implemented;
(2) Addresses maintenance of patient-family participation in decision making; and
(3) Is periodically reviewed by the patient's attending physician and by the patient's interdisciplinary team.
(D) Have an interdisciplinary team or teams that provide or supervise the provision of care and establish the policies governing the provision of the care;
(E) Provide bereavement counseling for hospice patients' families;
(F) Not discontinue care because of a hospice patient's inability to pay for the care;
(G) Maintain central clinical records on all hospice patients under its care; and
(H) Provide care in individuals' homes, on an outpatient basis, and on a short-term inpatient basis;
(I) Establish procedures for preventing diversion of controlled substances containing opioids that are prescribed for a patient, including all of the following:
(1) Designating an individual who is employed by or affiliated with the program to be responsible for the controlled substances;
(2) Requiring the controlled substances to be kept in a place that can be accessed only by an authorized person using a key;
(3) Maintaining records of the receipt and disposition of the controlled substances, including accurate counts of the numbers dispensed and used;
(4) Disposing of controlled substances maintained in the patient's home that are no longer needed by the patient.
A provider of a hospice care program may arrange for another person or public agency to furnish a component or components of the hospice care program pursuant to a written contract. When a provider of a hospice care program arranges for a hospital, a home providing nursing care, or home health agency to furnish a component or components of the hospice care program to its patient, the care shall be provided by a licensed, certified, or accredited hospital, home providing nursing care, or home health agency pursuant to a written contract under which:
(1) The provider of a hospice care program furnishes to the contractor a copy of the hospice patient's interdisciplinary plan of care that is established under division (C) of this section and specifies the care that is to be furnished by the contractor;
(2) The regimen described in the established plan of care is continued while the hospice patient receives care from the contractor, subject to the patient's needs, and with approval of the coordinator of the interdisciplinary team designated pursuant to division (C)(1) of this section;
(3) All care, treatment, and services furnished by the contractor are entered into the hospice patient's medical record;
(4) The designated coordinator of the interdisciplinary team ensures conformance with the established plan of care; and
(5) A copy of the contractor's medical record and discharge summary is retained as part of the hospice patient's medical record.
Any hospital contracting for inpatient care shall be encouraged to offer temporary limited privileges to the hospice patient's attending physician while the hospice patient is receiving inpatient care from the hospital.
Section 2. That existing section 3712.06 of the Revised Code is hereby repealed.
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