Bill Text: OH HB287 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To enact the Ohio Health Security Act to establish and operate the Ohio Health Care Plan to provide universal health care coverage to all Ohio residents.
Sponsorship: Partisan Bill (Democrat 10)
Status: (Introduced - Dead) 2011-06-29 - To Health & Aging [HB287 Detail]
Download: Ohio-2011-HB287-Introduced.html
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Representatives Hagan, R., Foley
Cosponsors:
Representatives Antonio, Yuko, Ramos, Letson, Williams, Luckie, Mallory, Boyd
| To amend section 109.02 and to enact sections 3922.01 | 1 |
| to 3922.15, 3922.21 to 3922.27, 3922.31, 3922.32, | 2 |
| and 3922.33 of the Revised Code to enact the Ohio | 3 |
| Health Security Act to establish and operate the | 4 |
| Ohio Health Care Plan to provide universal health | 5 |
| care coverage to all Ohio residents. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 109.02 be amended and sections | 7 |
| 3922.01, 3922.02, 3922.03, 3922.04, 3922.05, 3922.06, 3922.07, | 8 |
| 3922.08, 3922.09, 3922.10, 3922.11, 3922.12, 3922.13, 3922.14, | 9 |
| 3922.15, 3922.21, 3922.22, 3922.23, 3922.24, 3922.25, 3922.26, | 10 |
| 3922.27, 3922.31, 3922.32, and 3922.33 of the Revised Code be | 11 |
| enacted to read as follows: | 12 |
| Sec. 109.02. The attorney general is the chief law officer | 13 |
| for the state and all its departments and shall be provided with | 14 |
| adequate office space in Columbus. Except as provided in division | 15 |
| (E) of section 120.06 and in sections 3517.152 to 3517.157 and | 16 |
| 3922.04 of the Revised Code, no state officer or board, or head of | 17 |
| a department or institution of the state shall employ, or be | 18 |
| represented by, other counsel or attorneys at law. The attorney | 19 |
| general shall appear for the state in the trial and argument of | 20 |
| all civil and criminal causes in the supreme court in which the | 21 |
| state is directly or indirectly interested. When required by the | 22 |
| governor or the general assembly, the attorney general shall | 23 |
| appear for the state in any court or tribunal in a cause in which | 24 |
| the state is a party, or in which the state is directly | 25 |
| interested. Upon the written request of the governor, the attorney | 26 |
| general shall prosecute any person indicted for a crime. | 27 |
| Sec. 3922.01. As used in this chapter: | 28 |
| (A) "Blind trust" means an independently managed trust in | 29 |
| which the beneficiary has no management rights and in which the | 30 |
| beneficiary is not given notice of alterations in or other | 31 |
| dispositions of the stock, mutual funds, or other property subject | 32 |
| to the trust. | 33 |
| (B) "Health care facility" means any facility, except a | 34 |
| health care practitioner's office, that provides preventive, | 35 |
| diagnostic, therapeutic, acute convalescent, rehabilitation, | 36 |
| mental health, mental retardation, intermediate care, or skilled | 37 |
| nursing services. | 38 |
| (C) "Provider" means a hospital or other health care | 39 |
| facility, and physicians, podiatrists, dentists, pharmacists, | 40 |
| chiropractors, and other health care personnel, licensed, | 41 |
| certified, accredited, or otherwise authorized in this state to | 42 |
| furnish health care services. | 43 |
| Sec. 3922.02. (A)(1) There is hereby created the Ohio health | 44 |
| care plan, which shall be administered by the Ohio health care | 45 |
| agency under the direction of the Ohio health care board. | 46 |
| (2) The Ohio health care plan shall provide universal and | 47 |
| affordable health care coverage for all Ohio residents, consisting | 48 |
| of a comprehensive benefit package that includes benefits for | 49 |
| prescription drugs. The Ohio health care plan shall work | 50 |
| simultaneously to control health care costs, control health care | 51 |
| spending, achieve measurable improvement in health care outcomes, | 52 |
| increase all parties' satisfaction with the health care system, | 53 |
| implement policies that strengthen and improve culturally and | 54 |
| linguistically sensitive care, and develop an integrated health | 55 |
| care database to support health care planning. | 56 |
| (B) There is hereby created the Ohio health care agency. The | 57 |
| Ohio health care agency shall administer the Ohio health care plan | 58 |
| and is the sole agency authorized to accept applicable | 59 |
| grants-in-aid from the federal and state government, using the | 60 |
| funds in order to secure full compliance with provisions of state | 61 |
| and federal law and to carry out the purposes of sections 3922.01 | 62 |
| to 3922.33 of the Revised Code. All grants-in-aid accepted by the | 63 |
| Ohio health care agency shall be deposited into the Ohio health | 64 |
| care fund established under section 3922.09 of the Revised Code. | 65 |
| Sections 101.82 and 101.83 of the Revised Code do not apply | 66 |
| to the Ohio health care agency. | 67 |
| Sec. 3922.03. (A) There is hereby created the Ohio health | 68 |
| care board. The Ohio health care board shall consist of fifteen | 69 |
| voting members, consisting of the director of health and fourteen | 70 |
| members elected in accordance with this section. | 71 |
| (B) For purposes of representation on the Ohio health care | 72 |
| board, the state shall be divided into seven regions each composed | 73 |
| of designated counties as follows: | 74 |
| (1) Region 1: Ashtabula, Cuyahoga, Geauga, Lake, Lorain; | 75 |
| (2) Region 2: Allen, Auglaize, Defiance, Erie, Fulton, | 76 |
| Hancock, Henry, Huron, Lucas, Mercer, Ottawa, Paulding, Putnam, | 77 |
| Sandusky, Seneca, Van Wert, Williams, Wood; | 78 |
| (3) Region 3: Athens, Belmont, Coshocton, Gallia, Guernsey, | 79 |
| Harrison, Hocking, Jackson, Jefferson, Lawrence, Meigs, Monroe, | 80 |
| Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Vinton, | 81 |
| Washington; | 82 |
| (4) Region 4: Adams, Brown, Butler, Clermont, Clinton, | 83 |
| Hamilton, Highland, Warren; | 84 |
| (5) Region 5: Crawford, Delaware, Fairfield, Fayette, | 85 |
| Franklin, Hardin, Knox, Licking, Logan, Madison, Marion, Morrow, | 86 |
| Pickaway, Union, Wyandot; | 87 |
| (6) Region 6: Ashland, Carroll, Columbiana, Holmes, Mahoning, | 88 |
| Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, | 89 |
| Wayne; | 90 |
| (7) Region 7: Champaign, Clark, Darke, Greene, Miami, | 91 |
| Montgomery, Preble, Shelby. | 92 |
| (C)(1) The health commissioner of the most populous county in | 93 |
| each region shall convene a meeting of all county and city health | 94 |
| commissioners in the region within ninety days following the | 95 |
| effective date of this section. If there are two or more health | 96 |
| districts located wholly or partially in the most populous county | 97 |
| of the region, the health commissioner of the health district with | 98 |
| the largest territorial jurisdiction in that county shall convene | 99 |
| the meeting of all county and city health commissioners within | 100 |
| ninety days following the effective date of this section. | 101 |
| (2) At the meeting called pursuant to division (C)(1) of this | 102 |
| section, the county and city health commissioners in each region | 103 |
| shall elect one resident from each county in the region to | 104 |
| represent the county on a regional health advisory committee | 105 |
| established for that region. The county and city health | 106 |
| commissioners also shall set a date, not sooner than one hundred | 107 |
| days and not later than one hundred ten days after the effective | 108 |
| date of this section, for the initial meeting of the regional | 109 |
| health advisory committee. | 110 |
| (3) Following the initial meetings of county and city health | 111 |
| commissioners called pursuant to division (C)(1) of this section, | 112 |
| the county and city health commissioners in each region shall | 113 |
| convene a meeting every two years to elect representatives to the | 114 |
| regional health advisory committee in accordance with this | 115 |
| division. Each biennial meeting shall be held within five days of | 116 |
| the same day of the same month as the initial meeting. | 117 |
| (4) Each representative elected under this division shall | 118 |
| hold office for two years, starting on the date of the | 119 |
| representative's election. Any individual appointed to fill a | 120 |
| vacancy occurring prior to the expiration of the term for which a | 121 |
| representative is elected shall hold office for the remainder of | 122 |
| the predecessor's term. | 123 |
| (D)(1) Each of the seven regional health advisory committees | 124 |
| shall elect a chairperson from among the representatives to their | 125 |
| committees. Each chairperson shall convene and preside over the | 126 |
| initial meeting of that regional health advisory committee on the | 127 |
| date set pursuant to division (C) of this section. At the initial | 128 |
| meeting of the regional health advisory committees, the | 129 |
| committees' representatives shall elect two residents from the | 130 |
| region to represent that region as members of the Ohio health care | 131 |
| board. One of the two residents elected from each region to serve | 132 |
| on the Ohio health care board shall be a resident of the region's | 133 |
| most populous county and the other shall be a resident of any | 134 |
| county in the region other than the region's most populous county. | 135 |
| Except for the elections to the Ohio health care board at the | 136 |
| initial meeting of each regional health advisory committee, each | 137 |
| resident elected to the board shall be elected to a two-year term | 138 |
| of office. At the initial meeting, the resident from the most | 139 |
| populous county in the region shall be elected to a term of three | 140 |
| years. | 141 |
| (2) Annually, beginning in the second year following the | 142 |
| initial elections to the Ohio health care board, the chairperson | 143 |
| of each regional health advisory committee shall convene a meeting | 144 |
| within five calendar days of the same date of the same month as | 145 |
| the initial meeting of that regional health advisory committee to | 146 |
| elect a resident from the region to serve as a member of the Ohio | 147 |
| health care board. The regional health advisory committee shall | 148 |
| elect a resident of a county as is necessary to meet the | 149 |
| representation requirements set by division (D)(1) of this | 150 |
| section. No individual may serve as a member of the Ohio health | 151 |
| care board for more than four consecutive terms. | 152 |
| (3) In addition to meeting for the election of Ohio health | 153 |
| care board members, the regional health advisory committees shall | 154 |
| meet as necessary to fulfill any functions and responsibilities | 155 |
| assigned to them under sections 3922.01 to 3922.15 of the Revised | 156 |
| Code. Meetings shall be held at the call of the chairperson and as | 157 |
| may be provided by procedures adopted by the regional health | 158 |
| advisory committee. | 159 |
| (4) In addition to the fourteen members of the Ohio health | 160 |
| care board elected by the seven regional health advisory | 161 |
| committees, the director of health shall be a voting ex officio | 162 |
| member of the Ohio health care board. | 163 |
| (E)(1) The director of health shall set the time, place, and | 164 |
| date for the initial meeting of the Ohio health care board and | 165 |
| shall preside over the Ohio health care board's initial meeting. | 166 |
| The initial meeting shall be set not sooner than one hundred | 167 |
| fifteen days and not later than one hundred twenty-five days after | 168 |
| the effective date of this section. | 169 |
| (2) The members of the Ohio health care board annually shall | 170 |
| elect a member of the board to serve as chairperson at meetings of | 171 |
| the board. Meetings shall be held upon the call of the chairperson | 172 |
| and as provided by procedures prescribed by the Ohio health care | 173 |
| board. Two-thirds of the members of the Ohio health care board | 174 |
| shall constitute a quorum for the conduct of business at meetings | 175 |
| of the board. Decisions at meetings of the Ohio health care board | 176 |
| shall be reached by majority vote. | 177 |
| (3) All meetings of the Ohio health care board are open to | 178 |
| the public unless questions of patient confidentiality arise. The | 179 |
| Ohio health care board may go into closed executive session with | 180 |
| regard to issues related to confidential patient information. The | 181 |
| fourteen members of the Ohio health care board elected by the | 182 |
| regional health advisory committees shall receive an annual salary | 183 |
| and benefits established in accordance with division (J) of | 184 |
| section 124.15 of the Revised Code. | 185 |
| (F) The seven regional health advisory committees shall act | 186 |
| as advisory bodies to the Ohio health care board, representing | 187 |
| their individual regions. The regional health advisory committees | 188 |
| shall oversee the management of consumer and provider complaints | 189 |
| originating in their respective regions and shall hold a hearing | 190 |
| on all such complaints. The regional health advisory committees | 191 |
| shall offer assistance to resolve consumer and provider disputes | 192 |
| and shall seek the agreement of all parties to the dispute to | 193 |
| submit the dispute to negotiation or binding arbitration. A | 194 |
| regional health advisory committee shall transfer any dispute that | 195 |
| is not resolved at the regional level to the director of the Ohio | 196 |
| health care agency's department of consumer affairs within six | 197 |
| months; however, the committee may vote to transfer individual | 198 |
| disputes at an earlier date. | 199 |
| (G)(1) If a vacancy occurs on the Ohio health care board for | 200 |
| any reason, resulting in a region being without full | 201 |
| representation on the board, that region's health advisory | 202 |
| committee shall elect a resident of that region to fill the | 203 |
| vacancy. Any resident elected to fill a vacancy shall serve the | 204 |
| remainder of the departing member's term. The health advisory | 205 |
| committee shall elect a resident of a county as necessary to meet | 206 |
| the representation requirements set by division (D)(1) of this | 207 |
| section. | 208 |
| (2) A serving member of the Ohio health care board shall | 209 |
| continue to serve following the expiration of their term until a | 210 |
| successor takes office or a period of ninety days has elapsed, | 211 |
| whichever occurs first. | 212 |
| (H)(1) The members and staff of the Ohio health care board | 213 |
| and employees of the Ohio health care agency, and their immediate | 214 |
| families, are prohibited from having any pecuniary interest in any | 215 |
| business with a contract, or in negotiation for a contract, with | 216 |
| either the Ohio health care board or Ohio health care agency, or | 217 |
| that is subject to the Ohio health care board's oversight. The | 218 |
| members and staff of the Ohio health care board and employees of | 219 |
| the Ohio health care agency shall not receive remuneration for | 220 |
| health care service of any kind during their term of service or | 221 |
| employment. The members and staff of the Ohio health care board | 222 |
| and employees of the Ohio health care agency, and their immediate | 223 |
| families, shall not receive consulting fees of any kind from any | 224 |
| source that is directly or indirectly related to the delivery of | 225 |
| health care services pursuant to the Ohio health care plan. The | 226 |
| members and staff of the Ohio health care board and employees of | 227 |
| the Ohio health care agency, and their immediate families, are | 228 |
| prohibited from owning stock in, and from investing in mutual | 229 |
| funds holding stock in, pharmaceutical companies, health | 230 |
| maintenance organizations, or other businesses that relate | 231 |
| directly or indirectly to the delivery of health care services, | 232 |
| unless the stock or mutual funds are in a blind trust. | 233 |
| (2) No member of the Ohio health care board other than the | 234 |
| director of health shall hold any other salaried public position | 235 |
| with the state, either elected or appointed, during the member's | 236 |
| tenure on the board. The director of health shall receive no | 237 |
| salary or benefits by virtue of the director's service on the Ohio | 238 |
| health care board. | 239 |
| (3) The chairperson of the Ohio health care board may conduct | 240 |
| hearings to determine if a violation of this division has | 241 |
| occurred. Notice of any hearing, the conduct of the hearing, and | 242 |
| all other matters relating to the holding of the hearing shall be | 243 |
| governed by Chapter 119. of the Revised Code. If a member of the | 244 |
| Ohio health care board, or of the member's immediate family, is | 245 |
| found to have violated this division, the chairperson of the Ohio | 246 |
| health care board of health shall remove the member from the Ohio | 247 |
| health care board. If a staffer of the Ohio health care board or | 248 |
| an employee of the Ohio health care agency, or a member of the | 249 |
| staffer's or employee's immediate family, is found to have | 250 |
| violated this division, the Ohio health care board or Ohio health | 251 |
| care agency shall take appropriate disciplinary action against the | 252 |
| staffer or employee, which action may include termination of | 253 |
| employment. | 254 |
| Sections 101.82 and 101.83 of the Revised Code do not apply | 255 |
| to the Ohio health care board and the regional health advisory | 256 |
| committees. | 257 |
| Sec. 3922.04. (A) The Ohio health care board is responsible | 258 |
| for directing the Ohio health care agency in the performance of | 259 |
| all duties, the exercise of all powers, and the assumption and | 260 |
| discharge of all functions vested in the Ohio health care agency. | 261 |
| The Ohio health care board shall adopt rules in accordance with | 262 |
| Chapter 119. of the Revised Code as needed to carry out the | 263 |
| purposes of, and to enforce, Chapter 3922. of the Revised Code. | 264 |
| (B) The duties and functions of the Ohio health care board | 265 |
| include, but are not limited to, the following: | 266 |
| (1) Implementing statutory eligibility standards for | 267 |
| benefits; | 268 |
| (2) Annually adopting a benefits package for participants of | 269 |
| the Ohio health care plan; | 270 |
| (3) Acting directly or through one or more contractors as the | 271 |
| single payer for all claims for health care services made under | 272 |
| the Ohio health care plan; | 273 |
| (4) Developing and implementing separate formulas for | 274 |
| determining budgets under sections 3922.21 to 3922.28 of the | 275 |
| Revised Code; | 276 |
| (5) Annually reviewing the formulas for determining the | 277 |
| appropriateness and sufficiency of rates, fees, and prices; | 278 |
| (6) Providing for timely payments to providers through a | 279 |
| structure that is well organized and that eliminates unnecessary | 280 |
| administrative costs; | 281 |
| (7) Implementing, to the extent permitted by federal law, | 282 |
| standardized claims and reporting methods for use by the Ohio | 283 |
| health care plan; | 284 |
| (8) Developing a system of centralized electronic claims and | 285 |
| payments; | 286 |
| (9) Establishing an enrollment system that will ensure that | 287 |
| all eligible Ohio residents, including those who travel | 288 |
| frequently, those who cannot read, and those who do not speak | 289 |
| English, are aware of their right to health care and are formally | 290 |
| enrolled in the Ohio health care plan; | 291 |
| (10) Reporting annually to the general assembly and the | 292 |
| governor, on or before the first day of October, on the | 293 |
| performance of the Ohio health care plan, the fiscal condition of | 294 |
| the Ohio health care plan, any need for rate adjustments, | 295 |
| recommendations for statutory changes, the receipt of payments | 296 |
| from the federal government, whether current year goals and | 297 |
| priorities were met, future goals and priorities, and major new | 298 |
| technology or prescription drugs that may affect the cost of the | 299 |
| health care services provided by the Ohio health care plan; | 300 |
| (11) Administering the revenues of the Ohio health care fund | 301 |
| pursuant to section 3922.09 of the Revised Code; | 302 |
| (12) Obtaining appropriate liability and other forms of | 303 |
| insurance to provide coverage for the Ohio health care plan, the | 304 |
| Ohio health care board, the Ohio health care agency, and their | 305 |
| employees and agents; | 306 |
| (13) Establishing, appointing, and funding appropriate staff | 307 |
| for the Ohio health care agency throughout Ohio; | 308 |
| (14) Procuring requisite office space and administrative | 309 |
| support; | 310 |
| (15) Administering aspects of the Ohio health care agency by | 311 |
| taking actions that include, but are not limited to, the | 312 |
| following: | 313 |
| (a) Establishing standards and criteria for the allocation of | 314 |
| operating funds; | 315 |
| (b) Meeting regularly with the executive director and | 316 |
| administrators of the Ohio health care agency to review the impact | 317 |
| of the agency and its policies on the regional districts | 318 |
| established under section 3922.03 of the Revised Code; | 319 |
| (c) Establishing goals for the health care system established | 320 |
| pursuant to the Ohio health care plan in measurable terms; | 321 |
| (d) Establishing statewide health care databases to support | 322 |
| health care services planning; | 323 |
| (e) Implementing policies, and developing mechanisms and | 324 |
| incentives, to assure culturally and linguistically sensitive | 325 |
| care; | 326 |
| (f) Establishing standards and criteria for the determination | 327 |
| of appropriate compensation and training for residents of Ohio who | 328 |
| are displaced from work due to the implementation of the Ohio | 329 |
| health care plan; | 330 |
| (g) Establishing methods for the recovery of costs for health | 331 |
| care services provided pursuant to the Ohio health care plan to a | 332 |
| participant that are covered under the terms of a policy of | 333 |
| insurance, a health benefit plan, or other collateral source | 334 |
| available to the participant under which the participant has a | 335 |
| right of action for compensation. Receipt of health care services | 336 |
| pursuant to the Ohio health care plan shall be deemed an | 337 |
| assignment by the participant of any right to payment for services | 338 |
| from any policy, plan, or other source. The other source of health | 339 |
| care benefits shall pay to the Ohio health care fund all amounts | 340 |
| it is obligated to pay to the participant for covered health care | 341 |
| services. The Ohio health care board may commence any action | 342 |
| necessary to recover the amounts due. | 343 |
| (16) Appointing a technical and medical advisory board. The | 344 |
| members of the technical and medical advisory board shall | 345 |
| represent a cross section of the medical and provider community | 346 |
| and consumers, and shall include two persons, one being a provider | 347 |
| and the other representing consumers, from each region designated | 348 |
| in section 3922.03 of the Revised Code. The members of the | 349 |
| technical and medical advisory board shall be reimbursed for | 350 |
| actual and necessary expenses incurred in the performance of their | 351 |
| duties. The technical and medical advisory board's duties include: | 352 |
| (a) Advising the Ohio health care board on the establishment | 353 |
| of policy on medical issues, population-based public health | 354 |
| issues, research priorities, scope of services, expanding access | 355 |
| to health care services, and evaluating the performance of the | 356 |
| Ohio health care plan; | 357 |
| (b) Investigating proposals for innovative approaches to the | 358 |
| promotion of health, the prevention of disease and injury, patient | 359 |
| education, research, and health care delivery; | 360 |
| (c) Advising the Ohio health care board on the establishment | 361 |
| of standards and criteria to evaluate requests from health care | 362 |
| facilities for capital improvements. | 363 |
| (C) The Ohio health care board shall employ and fix the | 364 |
| compensation of Ohio health care agency personnel, with the | 365 |
| approval of the department of administrative services, as needed | 366 |
| by the agency to properly discharge the agency's duties. The | 367 |
| employment of personnel by the Ohio health care board is subject | 368 |
| to the civil service laws of this state. The Ohio health care | 369 |
| board shall employ personnel including, but not limited to, the | 370 |
| following: | 371 |
| (1) Executive director; | 372 |
| (2) Administrator of planning, research, and development; | 373 |
| (3) Administrator of finance; | 374 |
| (4) Administrator of quality assurance; | 375 |
| (5) Administrator of consumer affairs; | 376 |
| (6) Legal counsel to represent the Ohio health care agency | 377 |
| and Ohio health care board in any legal action brought by or | 378 |
| against the agency or board under or pursuant to any provision of | 379 |
| the Revised Code under the agency's or board's jurisdiction. | 380 |
| (D) No member of the Ohio health care board or individual on | 381 |
| the staff of the Ohio health care board or Ohio health care agency | 382 |
| shall use for personal benefit any information filed with or | 383 |
| obtained by the Ohio health care board that is not then readily | 384 |
| available to the public. No member of the Ohio health care board | 385 |
| shall use or in any way attempt to use their position as a member | 386 |
| to influence a decision of any other governmental body. | 387 |
| Sections 101.82 and 101.83 of the Revised Code do not apply | 388 |
| to the technical and medical advisory board established pursuant | 389 |
| to this section. | 390 |
| Sec. 3922.05. The executive director of the Ohio health care | 391 |
| agency appointed under section 3922.04 of the Revised Code is the | 392 |
| chief administrator of the Ohio health care plan and shall | 393 |
| administer and enforce Chapter 3922. of the Revised Code. The | 394 |
| executive director shall oversee the operation of the Ohio health | 395 |
| care agency and the agency's performance of any duties assigned by | 396 |
| the Ohio health care board. | 397 |
| Sec. 3922.06. (A) The executive director of the Ohio health | 398 |
| care agency shall determine the duties of the administrator of | 399 |
| planning, research, and development. Those duties shall include, | 400 |
| but not be limited to, the following: | 401 |
| (1) Establishing policy on medical issues, population-based | 402 |
| public health issues, research priorities, scope of services, the | 403 |
| expansion of participants' access to health care services, and | 404 |
| evaluating the performance of the Ohio health care plan; | 405 |
| (2) Investigating proposals for innovative approaches for the | 406 |
| promotion of health, the prevention of disease and injury, patient | 407 |
| education, research, and the delivery of health care services; | 408 |
| (3) Establishing standards and criteria for evaluating | 409 |
| applications from health care facilities for capital improvements. | 410 |
| (B)(1) The executive director shall determine the duties of | 411 |
| the administrator of consumer affairs. Those duties shall include, | 412 |
| but not be limited to, the following: | 413 |
| (a) Developing educational and informational guides for | 414 |
| consumers that describe consumer rights and responsibilities and | 415 |
| that inform consumers of effective ways to exercise consumer | 416 |
| rights to obtain health care services. The guides shall be easy to | 417 |
| read and understand and available in English and in other | 418 |
| languages. The Ohio health care agency shall make the guides | 419 |
| available to the public through public outreach and educational | 420 |
| programs and through the internet web site of the Ohio health care | 421 |
| agency. | 422 |
| (b) Establishing a toll-free telephone number to receive | 423 |
| questions and complaints regarding the Ohio health care agency and | 424 |
| the agency's services. The Ohio health care agency's internet web | 425 |
| site shall provide complaint forms and instructions online. | 426 |
| (c) Examining suggestions from the public; | 427 |
| (d) Making recommendations for improvements to the Ohio | 428 |
| health care board; | 429 |
| (e) Examining the extent to which individual health care | 430 |
| facilities in a region meet the needs of the community in which | 431 |
| they are located; | 432 |
| (f) Receiving, investigating, and responding to all | 433 |
| complaints about any aspect of the Ohio health care plan and | 434 |
| referring the results of all investigations into the provision of | 435 |
| health care services by health care providers or facilities to the | 436 |
| appropriate provider or health care facility licensing board, or | 437 |
| when appropriate, to a law enforcement agency; | 438 |
| (g) Publishing an annual report for the public and the | 439 |
| general assembly that contains a statewide evaluation of the Ohio | 440 |
| health care agency and of the delivery of health care services in | 441 |
| each region established under section 3922.03 of the Revised Code; | 442 |
| (h) Holding public hearings, at least annually, within each | 443 |
| region established under section 3922.03 of the Revised Code for | 444 |
| public suggestions and complaints. | 445 |
| (2) The administrator of consumer affairs shall work closely | 446 |
| with the seven regional health advisory committees on the | 447 |
| resolution of complaints. In the discharge of the administrator's | 448 |
| duties, the administrator shall have unlimited access to all | 449 |
| nonconfidential and nonprivileged documents in the custody and | 450 |
| control of the agency. Nothing in Chapter 3922. of the Revised | 451 |
| Code prohibits a consumer or class of consumers, or the | 452 |
| administrator of consumer affairs, from seeking relief through the | 453 |
| courts. | 454 |
| (C) The executive director, in consultation with the | 455 |
| technical and medical advisory board, shall determine the duties | 456 |
| of the administrator of quality assurance. Those duties shall | 457 |
| include, but not be limited to, the following: | 458 |
| (1) Studying and reporting on the efficacy of health care | 459 |
| treatments and medications for particular conditions; | 460 |
| (2) Identifying causes of medical errors and devising | 461 |
| procedures to decrease medical errors; | 462 |
| (3) Establishing an evidence-based formulary; | 463 |
| (4) Identifying treatments and medications that are unsafe or | 464 |
| have no proven value; | 465 |
| (5) Establishing a process for soliciting information on | 466 |
| medical standards from providers and consumers for purposes of | 467 |
| this division. | 468 |
| (D) The executive director shall determine the duties of the | 469 |
| administrator of finance. Those duties shall include, but not be | 470 |
| limited to, the following: | 471 |
| (1) Administering the Ohio health care fund; | 472 |
| (2) Making prompt payments to providers; | 473 |
| (3) Developing a system of centralized claims and payments; | 474 |
| (4) Communicating to the treasurer of state when funds are | 475 |
| needed for the operation of the Ohio health care plan; | 476 |
| (5) Developing information systems for utilization review; | 477 |
| (6) Investigating possible provider or consumer fraud. | 478 |
| Sec. 3922.07. (A) All Ohio residents and individuals | 479 |
| employed in Ohio, including the homeless and migrant workers, are | 480 |
| eligible for coverage under the Ohio health care plan. The Ohio | 481 |
| health care board shall establish standards and a simplified | 482 |
| procedure to demonstrate proof of residency. The Ohio health care | 483 |
| board shall establish a procedure to enroll eligible residents and | 484 |
| employees and to provide each individual covered under the Ohio | 485 |
| health care plan with identification that providers may use to | 486 |
| determine eligibility for health care services under the Ohio | 487 |
| health care plan. | 488 |
| (B) If waivers are not obtained under sections 3922.31 to | 489 |
| 3922.33 of the Revised Code from the medical assistance and | 490 |
| medicare programs operated under Title XVIII or XIX of the "Social | 491 |
| Security Act," 49 Stat. 20 (1935), 42 U.S.C. 301, as amended, or | 492 |
| whenever a necessary waiver is not in effect, the medical | 493 |
| assistance and medicare programs shall act as the primary insurers | 494 |
| for Ohio residents and individuals employed in this state for | 495 |
| health coverage and the Ohio health care plan shall serve as the | 496 |
| secondary or supplemental plan of health coverage. When the Ohio | 497 |
| health care plan serves as a secondary or supplemental plan of | 498 |
| health coverage the Ohio health care plan shall not provide | 499 |
| coverage to an Ohio resident or individual employed in this state | 500 |
| for any covered health care service that the resident or worker is | 501 |
| then eligible to receive under the medical assistance or medicare | 502 |
| program. | 503 |
| (C) A plan of employee health coverage provided by an | 504 |
| out-of-state employer to an Ohio resident working outside of this | 505 |
| state shall serve as the employee's primary plan of health | 506 |
| coverage and the Ohio health care plan shall serve as the | 507 |
| employee's secondary plan of health coverage. | 508 |
| (D) The Ohio health care agency shall bill an out-of-state | 509 |
| employer or the employer's insurer for the cost of covered health | 510 |
| care services provided in accordance with the Ohio health care | 511 |
| plan to residents of this state employed by the out-of-state | 512 |
| employer when the health care services provided are covered under | 513 |
| the terms of the employer's plan of employee health coverage. | 514 |
| (E) The Ohio health care plan shall reimburse Ohio health | 515 |
| care board approved providers practicing outside of this state at | 516 |
| Ohio health care plan rates for health care services rendered to a | 517 |
| plan participant while the participant is out of state. | 518 |
| (F) Any employer operating in this state may purchase | 519 |
| coverage under the Ohio health care plan for an employee who lives | 520 |
| out of state but who works in this state. | 521 |
| (G) Any institution of higher education, as defined in | 522 |
| section 2741.01 of the Revised Code, located in this state may | 523 |
| purchase coverage under the Ohio health care plan for a student | 524 |
| who does not otherwise have status as a resident of this state. | 525 |
| (H) Any individual who arrives at a health care facility | 526 |
| unconscious or otherwise unable due to their mental or physical | 527 |
| condition to document eligibility for coverage under the Ohio | 528 |
| health care plan shall be presumed to be eligible. | 529 |
| Sec. 3922.08. (A) The Ohio health care board shall establish | 530 |
| a single health benefits package that shall include, but not be | 531 |
| limited to, all of the following: | 532 |
| (1) Inpatient and outpatient provider care, both primary and | 533 |
| secondary; | 534 |
| (2) Emergency services, as defined in division (A) of section | 535 |
| 3923.65 of the Revised Code, twenty-four hours each day on a | 536 |
| prudent layperson standard. Residents who are temporarily out of | 537 |
| state may receive benefits for emergency services rendered in that | 538 |
| state. The Ohio health care agency shall make timely emergency | 539 |
| services, including hospital care and triage, available to all | 540 |
| Ohio residents, including all residents not enrolled in the Ohio | 541 |
| health care plan. | 542 |
| (3) Emergency and other transportation services to covered | 543 |
| health care services, subject to division (B) of this section; | 544 |
| (4) Rehabilitation services, including speech, occupational, | 545 |
| and physical therapy; | 546 |
| (5) Inpatient and outpatient mental health services and | 547 |
| substance abuse treatment; | 548 |
| (6) Hospice care; | 549 |
| (7) Prescription drugs and prescribed medical nutrition; | 550 |
| (8) Vision care, aids, and equipment; | 551 |
| (9) Hearing care, hearing aids, and equipment; | 552 |
| (10) Diagnostic medical tests, including laboratory tests and | 553 |
| imaging procedures; | 554 |
| (11) Medical supplies and prescribed medical equipment, both | 555 |
| durable and nondurable; | 556 |
| (12) Immunizations, preventive care, health maintenance care, | 557 |
| and screening; | 558 |
| (13) Dental care; | 559 |
| (14) Home health care services. | 560 |
| (B) The Ohio health care plan shall provide necessary | 561 |
| transportation in each county to covered health care services. | 562 |
| Independent transportation providers shall be reimbursed on a | 563 |
| fee-for-service basis. Fee schedules for covered transportation | 564 |
| may take into account the recognized differences among geographic | 565 |
| areas regarding cost. A covered transportation benefits account is | 566 |
| hereby created within the Ohio health care fund. | 567 |
| (C) The Ohio health care plan shall not exclude or limit | 568 |
| coverage of its participants' pre-existing conditions. | 569 |
| (D) Residents enrolled in the Ohio health care plan are not | 570 |
| subject to copayments, point-of-service charges, or any other fee | 571 |
| or charge, and shall not be directly billed by providers for | 572 |
| covered health care services provided to the resident. | 573 |
| (E) The Ohio health care board, with the consent of the | 574 |
| technical and medical advisory board, shall remove or exclude | 575 |
| procedures and treatments, equipment, and prescription drugs from | 576 |
| the Ohio health care plan's benefit package that the board finds | 577 |
| unsafe, experimental, of no proven value, or that add no | 578 |
| therapeutic value. | 579 |
| (F) The Ohio health care board shall exclude coverage for any | 580 |
| surgical, orthodontic, or other medical procedure, or prescription | 581 |
| drug, that the technical and medical advisory board determines was | 582 |
| or will be provided primarily for cosmetic purposes, unless | 583 |
| required to correct a congenital defect, to restore or correct | 584 |
| disfigurements resulting from injury or disease, or that is | 585 |
| determined to be medically necessary by a qualified, licensed | 586 |
| provider. | 587 |
| (G) Participants shall have free choice of the providers | 588 |
| eligible to participate in the Ohio health care plan. | 589 |
| (H) No provider shall be compelled by the Ohio health care | 590 |
| agency to offer any particular service, provided that the provider | 591 |
| does not discriminate among patients in providing health care | 592 |
| services. | 593 |
| (I) The Ohio health care plan and the providers participating | 594 |
| in the plan shall not discriminate on the basis of race, color, | 595 |
| national origin, gender, age, religion, sexual orientation, health | 596 |
| status, mental or physical disability, employment status, veteran | 597 |
| status, or occupation. | 598 |
| Sec. 3922.09. (A) The Ohio health care fund is hereby | 599 |
| established in the state treasury. The administrator of finance of | 600 |
| the Ohio health care agency shall administer and monitor the Ohio | 601 |
| health care fund. All moneys collected and received by the Ohio | 602 |
| health care plan shall be transmitted to the treasurer of state | 603 |
| for deposit into the Ohio health care fund, to be used to finance | 604 |
| the Ohio health care plan and to pay the costs of compensation and | 605 |
| training for displaced workers pursuant to section 3922.11 of the | 606 |
| Revised Code. | 607 |
| (B) The treasurer of state may invest the interest earned by | 608 |
| the Ohio health care fund in any manner authorized by the Revised | 609 |
| Code for the investment of state moneys. Any revenue or interest | 610 |
| earned from the investments shall be credited to the Ohio health | 611 |
| care fund. | 612 |
| (C) All provider claims for payment for health care services | 613 |
| rendered under the Ohio health care plan shall be transmitted to | 614 |
| the Ohio health care fund by the provider or the provider's agent. | 615 |
| The format of, and the method of transmitting, provider claims | 616 |
| shall be determined by the Ohio health care board. | 617 |
| (D) All payments for health care services rendered under the | 618 |
| Ohio health care plan shall be disbursed from the Ohio health care | 619 |
| fund. The administrator of finance of the Ohio health care agency | 620 |
| shall establish a reserve account within the Ohio health care | 621 |
| fund. When the revenue available to the Ohio health care plan in | 622 |
| any biennium exceeds the total amount expended or obligated during | 623 |
| that biennium, the excess revenue shall be transferred to the | 624 |
| reserve account. The Ohio health care board may use the money in | 625 |
| the reserve account for expenses of the Ohio health care agency or | 626 |
| the Ohio health care plan. | 627 |
| (E) The administrator of finance of the Ohio health care | 628 |
| agency shall notify the Ohio health care board when the annual | 629 |
| expenditures or anticipated future expenditures of the Ohio health | 630 |
| care plan appear to be in excess of the revenues or anticipated | 631 |
| revenues for the same period. The Ohio health care board shall | 632 |
| implement appropriate cost control measures based on the | 633 |
| notification. The Ohio health care board shall seek a special | 634 |
| appropriation for the Ohio health care fund if the cost control | 635 |
| measures implemented do not reduce the Ohio health care plan's | 636 |
| expenditures to an amount that may be covered by its revenue. | 637 |
| Sec. 3922.10. (A) The Ohio health care board shall establish | 638 |
| written procedures for the receipt and resolution of disputes and | 639 |
| grievances. The procedures shall provide for an initial hearing | 640 |
| before the appropriate regional health advisory committee in | 641 |
| accordance with division (F) of section 3922.03 of the Revised | 642 |
| Code. The board shall accord to plaintiffs the right to be heard | 643 |
| at the hearing. | 644 |
| (B) Any party aggrieved by an order or decision issued | 645 |
| pursuant to the procedures established in division (A) of this | 646 |
| section may appeal the order or decision to the court of common | 647 |
| pleas. The appellant shall file a notice of appeal with the Ohio | 648 |
| health care board within fifteen days of the filing of the appeal | 649 |
| with the court of common pleas. | 650 |
| (C) Appeals of denied claims may be submitted by Ohio health | 651 |
| care plan beneficiaries or providers, or businesses selling | 652 |
| medical equipment and supplies to the Ohio health care board. The | 653 |
| board shall conduct appeals in compliance with its written | 654 |
| procedures and both laws of this state and federal laws. | 655 |
| Sec. 3922.11. (A) The department of job and family services | 656 |
| shall determine which residents of this state employed by a health | 657 |
| care insurer, health insuring corporation, or other health care | 658 |
| related business, have lost employment as a result of the | 659 |
| implementation and operation of the Ohio health care plan. The | 660 |
| department also shall determine the amount of monthly wages that | 661 |
| the resident lost due to the plan's implementation. The department | 662 |
| shall attempt to position these displaced workers in comparable | 663 |
| positions of employment with the Ohio health care agency. | 664 |
| (B) The department of job and family services shall forward | 665 |
| the information on the amount of monthly wages lost by Ohio | 666 |
| residents due to the implementation of the Ohio health care plan | 667 |
| to the Ohio health care agency. The Ohio health care agency shall | 668 |
| determine the amount of compensation and training that each | 669 |
| displaced worker shall receive and shall submit a claim to the | 670 |
| Ohio health care fund for payment. A displaced worker, however, | 671 |
| shall not receive compensation from the Ohio health care fund in | 672 |
| excess of sixty thousand dollars per year for two years. | 673 |
| Compensation paid to the displaced worker under this section shall | 674 |
| serve as a supplement to any compensation the worker receives from | 675 |
| the department of job and family services. | 676 |
| Sec. 3922.12. (A) Any employer operating in this state and | 677 |
| providing employees with benefits under a public or private health | 678 |
| care policy, plan, or agreement as of the date that benefits are | 679 |
| initially provided pursuant to Chapter 3922. of the Revised Code, | 680 |
| which benefits are less valuable than those provided by the Ohio | 681 |
| health care plan, may participate in the Ohio health care plan or | 682 |
| shall provide additional benefits so that, until the expiration of | 683 |
| the policy, plan, or agreement, the benefits provided by the | 684 |
| employer at least equal the amount and scope of the benefits | 685 |
| provided by the Ohio health care plan. If an employer chooses to | 686 |
| provide additional benefits to match or exceed the benefits | 687 |
| provided by the Ohio health care plan the additional benefits | 688 |
| shall include the employer's payment of any employee premium | 689 |
| contributions, copayments, and deductible payments called for by | 690 |
| the policy, contract, or agreement. Employers are exempt from all | 691 |
| health taxes imposed under Chapter 3922. of the Revised Code until | 692 |
| the expiration of the policy, plan, or agreement, at which point | 693 |
| the employer and the employer's employees become participants in | 694 |
| the Ohio health care plan. | 695 |
| (B) A person covered by a health care policy, plan, or | 696 |
| agreement that has its premiums paid for in any part with public | 697 |
| money, including money from the state, a political subdivision, | 698 |
| state educational institution, public school, or other entity, | 699 |
| shall be covered by the Ohio health care plan on the day that | 700 |
| benefits become available under the Ohio health care plan. | 701 |
| (C) Health care insurers, health insuring corporations, and | 702 |
| other persons selling or providing health care benefits may | 703 |
| deliver, issue for delivery, renew, or provide health benefit | 704 |
| packages that do not duplicate the health benefit package provided | 705 |
| by the Ohio health care plan, but shall not, except as provided by | 706 |
| division (A) of this section, deliver, issue for delivery, renew, | 707 |
| or provide health benefit packages that duplicate the health | 708 |
| benefit package provided by the Ohio health care plan. | 709 |
| Sec. 3922.13. The Ohio health care agency is subrogated to | 710 |
| all rights of a participant who has received benefits, or who has | 711 |
| a right to benefits, under any other policy or contract of health | 712 |
| care. | 713 |
| Sec. 3922.14. (A) All providers, as defined in section | 714 |
| 3922.01 of the Revised Code, may participate in the Ohio health | 715 |
| care plan. | 716 |
| (B) The Ohio health care board and the technical and medical | 717 |
| advisory board shall assess the number of primary and specialty | 718 |
| providers needed to supply adequate health care services to all | 719 |
| participants in the Ohio health care plan, and shall develop a | 720 |
| plan to meet that need. The Ohio health care board shall develop | 721 |
| incentives for providers in order to increase residents' access to | 722 |
| health care services in unserved or underserved areas of the | 723 |
| state. | 724 |
| (C) The Ohio health care board annually shall evaluate | 725 |
| residents' access to trauma care, and shall establish measures to | 726 |
| ensure participants have equitable access to trauma care and to | 727 |
| specialized medical procedures and technology. | 728 |
| (D) The Ohio health care board, with the advice of the | 729 |
| technical and medical advisory board and the administrator of | 730 |
| quality assurance, shall define performance criteria and goals for | 731 |
| the Ohio health care plan and shall report to the general assembly | 732 |
| at least annually on the plan's performance. The Ohio health care | 733 |
| board shall establish a system to monitor the quality of health | 734 |
| care and patient and provider satisfaction with that care and a | 735 |
| system to devise improvements to the provision of health care | 736 |
| services. | 737 |
| (E) All providers subject to the Ohio health care plan shall | 738 |
| provide data upon request to the Ohio health care board, which | 739 |
| data the board requires to devise methods to maintain and improve | 740 |
| the provision of health care services. | 741 |
| (F) The Ohio health care board, with the advice of the | 742 |
| technical and medical advisory board, shall coordinate the Ohio | 743 |
| health care plan's provision of health care services with any | 744 |
| other state and local agencies that provide health care services | 745 |
| directly to their residents. | 746 |
| Sec. 3922.15. In the absence of fraud or bad faith, county | 747 |
| and city health commissioners, regional health advisory | 748 |
| committees, and the Ohio health care board and Ohio health care | 749 |
| agency and their members and employees, shall incur no liability | 750 |
| in relation to the performance of their duties and | 751 |
| responsibilities under sections 3922.01 to 3922.15 of the Revised | 752 |
| Code. The state shall incur no liability in relation to the | 753 |
| implementation and operation of the Ohio health care plan. | 754 |
| Sec. 3922.21. (A) The Ohio health care board shall prepare | 755 |
| and recommend to the general assembly an annual budget for health | 756 |
| care that specifies and establishes a limit on total annual state | 757 |
| expenditures for health care provided pursuant to sections 3922.01 | 758 |
| to 3922.15 of the Revised Code. The budget shall include all of | 759 |
| the following components: | 760 |
| (1) A system budget covering all expenditures for the system, | 761 |
| in accordance with section 3922.22 of the Revised Code; | 762 |
| (2) Provider budgets for the fee-for-service and integrated | 763 |
| health delivery system and for individual health care facilities | 764 |
| and their associated clinics, in accordance with section 3922.23 | 765 |
| of the Revised Code; | 766 |
| (3) A capital investment budget in accordance with section | 767 |
| 3922.24 of the Revised Code; | 768 |
| (4) A purchasing budget in accordance with section 3922.25 of | 769 |
| the Revised Code; | 770 |
| (5) A research and innovation budget in accordance with | 771 |
| section 3922.26 of the Revised Code. | 772 |
| (B) In preparing the budget, the Ohio health care board shall | 773 |
| consider anticipated increased expenditures and savings, | 774 |
| including, but not limited to, projected increases in expenditures | 775 |
| due to improved access for underserved populations and improved | 776 |
| reimbursement for primary care, projected administrative savings | 777 |
| under the single-payer mechanism, projected savings in | 778 |
| prescription drug expenditures under competitive bidding and a | 779 |
| single buyer, and projected savings due to provision of primary | 780 |
| care rather than emergency room treatment. | 781 |
| Sec. 3922.22. (A) The system budget referred to in division | 782 |
| (A)(1) of section 3922.21 of the Revised Code shall comprise the | 783 |
| cost of the system, services and benefits provided, | 784 |
| administration, data gathering, planning and other activities, and | 785 |
| revenues deposited with the system account of the Ohio health care | 786 |
| fund. | 787 |
| The Ohio health care board shall limit administrative costs | 788 |
| to five per cent of the system budget and shall annually evaluate | 789 |
| methods to reduce administrative costs and report the results of | 790 |
| that evaluation to the general assembly. The board shall also | 791 |
| limit growth of health care costs in the system budget by | 792 |
| reference to changes in state gross domestic product, population, | 793 |
| employment rates, and other demographic indicators, as | 794 |
| appropriate. Moneys in the reserve account of the Ohio health care | 795 |
| fund shall not be considered as available revenues for purposes of | 796 |
| preparing the system budget. | 797 |
| (B) The Ohio health care board shall implement cost control | 798 |
| measures pursuant to division (A) of this section. However, no | 799 |
| cost control measure shall limit access to care that is needed on | 800 |
| an emergency basis or that is determined by a patient's provider | 801 |
| to be medically appropriate for a patient's condition. | 802 |
| Mandatory cost control measures include, but are not limited | 803 |
| to, some or all of the following: | 804 |
| (1) Postponement of the introduction of new benefits or | 805 |
| benefit improvements; | 806 |
| (2) Postponement of new capital investment; | 807 |
| (3) Adjustment of provider budgets to correct for | 808 |
| inappropriate provider utilization; | 809 |
| (4) Establishment of a limit on provider reimbursement above | 810 |
| a specified amount of aggregate billing; | 811 |
| (5) Deferred funding of the reserve account; | 812 |
| (6) Establishment of a limit on aggregate reimbursements to | 813 |
| pharmaceutical manufacturers; | 814 |
| (7) Imposition of an eligibility waiting period in the event | 815 |
| of substantial influx of individuals into the state for purposes | 816 |
| of obtaining health care through the Ohio health care plan. | 817 |
| Sec. 3922.23. (A) The provider budgets referred to in | 818 |
| division (A)(2) of section 3922.21 of the Revised Code shall | 819 |
| include allocations for fee-for-service providers and capitated | 820 |
| providers. These allocations shall consider the relative usage of | 821 |
| fee-for-service providers and capitated providers. Each annual | 822 |
| provider budget shall include adjustments to reflect changes in | 823 |
| the utilization of services and the addition or exclusion of | 824 |
| covered services made by the Ohio health care board upon the | 825 |
| recommendation of the technical and medical advisory board and its | 826 |
| staff. | 827 |
| (B) Providers shall choose whether they will be compensated | 828 |
| as fee-for-service providers or as part of a capitated provider | 829 |
| network. | 830 |
| (1) The budget for fee-for-service providers shall be divided | 831 |
| among categories of licensed health care providers in order to | 832 |
| establish a total annual budget for each category. Each of these | 833 |
| category budgets shall be sufficient to cover all included | 834 |
| services anticipated to be required by eligible individuals | 835 |
| choosing fee-for-service at the rates negotiated or set by the | 836 |
| Ohio health care board, except as necessary for cost containment | 837 |
| purposes pursuant to section 3922.22 of the Revised Code. | 838 |
| The board shall negotiate fee-for-service reimbursement rates | 839 |
| or salaries for licensed health care providers. In the event | 840 |
| negotiations are not concluded in a timely manner, the board shall | 841 |
| establish the reimbursement rates. Reimbursement rates shall | 842 |
| reflect the goals of the system. | 843 |
| (2) The budget shall detail all operating expenses for health | 844 |
| care facilities or clinics that are not part of a capitated | 845 |
| provider network. In establishing a health care facility budget, | 846 |
| the Ohio health care board shall develop and utilize separate | 847 |
| formulas that reflect the differences in cost of primary, | 848 |
| secondary, and tertiary care services and health care services | 849 |
| provided by academic medical centers. The board shall negotiate | 850 |
| reimbursement rates with facilities and clinics. Reimbursement | 851 |
| rates shall reflect the goals of the system. | 852 |
| (C)(1) The budget for capitated providers shall be sufficient | 853 |
| to cover all included services anticipated to be required by | 854 |
| eligible individuals choosing an integrated health care delivery | 855 |
| system at the rates negotiated or set by the Ohio health care | 856 |
| board. All health care facilities, group practices, and integrated | 857 |
| health care systems shall submit annual operating budget requests | 858 |
| to the board and may choose to be reimbursed through a global | 859 |
| facility budget or on a capitated basis. The board shall adjust | 860 |
| budgets on the basis of the health risk of enrollees; the scope of | 861 |
| services provided; proposed innovative programs that improve | 862 |
| quality, workplace safety, or consumer, provider, or employee | 863 |
| satisfaction; costs of providing care for nonmembers; and an | 864 |
| appropriate operating margin. | 865 |
| (2) Providers that choose to operate a health care facility | 866 |
| on a capitated basis shall not be paid additionally on a | 867 |
| fee-for-service basis unless they are providing services in a | 868 |
| separate private medical practice or health care facility. | 869 |
| Providers and health care facilities that operate on a capitated | 870 |
| basis shall report immediately any projected operating deficits to | 871 |
| the Ohio health care board. The board shall determine whether the | 872 |
| projected deficits reflect appropriate increases in health care | 873 |
| needs, in which case the board shall adjust the provider or health | 874 |
| care facility budget appropriately. If the board determines that | 875 |
| the deficit is not justifiable, no adjustment shall be made. | 876 |
| (3) The board may terminate the funding for health care | 877 |
| facilities, group practices, and integrated health care systems or | 878 |
| particular services provided by them if they fail to meet | 879 |
| standards of care and practice established by the board. The board | 880 |
| shall make future funding contingent on measurable improvements in | 881 |
| quality of care and health care outcomes. | 882 |
| (D) The Ohio health care board shall prohibit charges to the | 883 |
| Ohio health care plan or to patients for covered health care | 884 |
| services other than those established by regulation, negotiation, | 885 |
| or the appeals process. Licensed health care providers who provide | 886 |
| services not covered by sections 3922.01 to 3922.15 of the Revised | 887 |
| Code may charge patients for those services. | 888 |
| Sec. 3922.24. (A) The capital investment budget referred to | 889 |
| in division (A)(3) of section 3922.21 of the Revised Code shall be | 890 |
| established by the Ohio health care board, with the advice of the | 891 |
| technical and medical advisory board and its staff, and shall | 892 |
| provide for capital maintenance and development. In preparing the | 893 |
| budget, the Ohio health care board shall determine capital | 894 |
| investment priorities and evaluate whether the capital investment | 895 |
| program has improved access to services and has eliminated | 896 |
| redundant capital investments. | 897 |
| (B) All capital investments valued at five hundred thousand | 898 |
| dollars or greater, including the costs of studies, surveys, | 899 |
| design plans and working drawing specifications, and other | 900 |
| activities essential to planning and execution of capital | 901 |
| investment, and all capital investments that change the bed | 902 |
| capacity of a health care facility or add a new service or license | 903 |
| category incurred by any health system entity, shall require the | 904 |
| approval of the Ohio health care board. When a health care | 905 |
| facility, or individual acting on behalf of a health care | 906 |
| facility, or any other purchaser, obtains by lease or comparable | 907 |
| arrangement any health care facility or part of a health care | 908 |
| facility, or any equipment for a health care facility, the market | 909 |
| value of which would have been a capital expenditure, the lease or | 910 |
| arrangement shall be considered a capital expenditure for purposes | 911 |
| of sections 3922.01 to 3922.15 of the Revised Code. | 912 |
| (C) Health care facilities shall provide the Ohio health care | 913 |
| board with at least three-months' advance notice of any planned | 914 |
| capital investment of more than fifty thousand dollars but less | 915 |
| than five hundred thousand dollars. These capital investments | 916 |
| shall minimize unneeded expansion of health care facilities and | 917 |
| services based on the priorities and goals for capital investment | 918 |
| established by the board. | 919 |
| (D) No capital investment shall be undertaken using funds | 920 |
| from a health care facility operating budget. | 921 |
| Sec. 3922.25. The purchasing budget referred to in division | 922 |
| (A)(4) of section 3922.21 of the Revised Code shall provide for | 923 |
| the purchase of prescription drugs and durable and nondurable | 924 |
| medical equipment for the system. The Ohio health care board shall | 925 |
| purchase all prescription drugs and durable and nondurable medical | 926 |
| equipment for the system from this budget. | 927 |
| Sec. 3922.26. The research and innovation budget referred to | 928 |
| in division (A)(5) of section 3922.21 of the Revised Code shall | 929 |
| support research and innovation that has been recommended by the | 930 |
| Ohio health care board, the technical and medical advisory board, | 931 |
| and the administrator of consumer affairs. This research and | 932 |
| innovation includes, but is not limited to, methods for improving | 933 |
| the administration of the system, improving the quality of health | 934 |
| care, educating patients, and improving communication among health | 935 |
| care providers. | 936 |
| Sec. 3922.27. The Ohio health care board shall establish a | 937 |
| capital account in the Ohio health care fund as part of the Ohio | 938 |
| health care plan. Moneys in the account shall be used solely to | 939 |
| pay for the establishment and maintenance of a loan program for | 940 |
| health care facilities and equipment for use by health care | 941 |
| professionals who desire to establish practices in areas of the | 942 |
| state in which, according to criteria established by the board, | 943 |
| the level of health care services is inadequate. | 944 |
| Sec. 3922.31. (A) As used in sections 3922.31 to 3922.33 of | 945 |
| the Revised Code: | 946 |
| (1) "CHIP" means the children's health insurance program | 947 |
| parts I and II provided for by sections 5101.50 to 5101.5110 of | 948 |
| the Revised Code. | 949 |
| (2) "Federal employees health benefits program" means the | 950 |
| program of health insurance benefits available to employees of the | 951 |
| federal government that the United States office of personnel | 952 |
| management is authorized to contract for under 5 U.S.C. 8902. | 953 |
| (3) "Federal poverty guidelines" has the same meaning as in | 954 |
| section 5101.46 of the Revised Code. | 955 |
| (4) "Medicaid" means the program provided for under Title XIX | 956 |
| of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, | 957 |
| as amended. | 958 |
| (5) "Medicare" means the program provided for under Title | 959 |
| XVII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 960 |
| 1395, as amended. | 961 |
| (B) At the request of the Ohio health care board, the Ohio | 962 |
| health care agency's executive director shall seek federal | 963 |
| financial participation in the Ohio health care plan, including | 964 |
| funding otherwise available under medicare, medicaid, CHIP, and | 965 |
| the federal employees health benefits program. The executive | 966 |
| director shall request that the amount of the federal financial | 967 |
| participation be at least equal to the medicaid federal financial | 968 |
| participation rate in effect for this state on the effective date | 969 |
| of this section. The executive director shall periodically seek | 970 |
| adjustments to the federal financial participation rate for the | 971 |
| Ohio health care plan to reflect changes in the state domestic | 972 |
| gross product, the state's population, including changes in age | 973 |
| groups, and the number of residents with income below the federal | 974 |
| poverty guidelines. | 975 |
| Sec. 3922.32. At the request of the Ohio health care board, | 976 |
| the Ohio health care agency's executive director shall negotiate | 977 |
| with the United States office of personnel management to have | 978 |
| included in the Ohio health care plan residents of this state who | 979 |
| would otherwise be covered by the federal employees health | 980 |
| benefits program. As part of the negotiations, the executive | 981 |
| director shall seek to have the federal government provide the | 982 |
| Ohio health care plan with amounts equal to the amount federal | 983 |
| employees participating in the Ohio health care plan would | 984 |
| otherwise pay as premiums under the federal employees health | 985 |
| benefits program. | 986 |
| Sec. 3922.33. At the request of the Ohio health care board, | 987 |
| the director of job and family services shall seek any federal | 988 |
| waivers necessary for the Ohio health care plan to receive federal | 989 |
| financial participation under section 3922.31 of the Revised Code | 990 |
| otherwise available under the medicaid and CHIP programs. | 991 |
| Notwithstanding sections 5101.50 to 5101.5110 of the Revised Code | 992 |
| and Chapter 5111. of the Revised Code, the director of job and | 993 |
| family services shall cease to implement the medicaid and CHIP | 994 |
| programs on implementation of federal waivers authorizing the use | 995 |
| of federal medicaid and CHIP funds for the Ohio health care plan, | 996 |
| if necessary due to the implementation of the waivers. | 997 |
| Section 2. That existing section 109.02 of the Revised Code | 998 |
| is hereby repealed. | 999 |
| Section 3. This act shall be known as the "Ohio Health | 1000 |
| Security Act." | 1001 |
| Section 4. In the first two years following the effective | 1002 |
| date of sections 3922.01 to 3922.33 of the Revised Code, the Ohio | 1003 |
| Health Care Board shall prepare for the delivery of universal, | 1004 |
| affordable health care coverage to all eligible Ohio residents and | 1005 |
| individuals employed in Ohio. The Ohio Health Care Board shall | 1006 |
| appoint a Transition Advisory Group to assist with the transition | 1007 |
| to the provision of care under the Ohio Health Care Plan. The | 1008 |
| transition group shall include, but is not limitedto, a broad | 1009 |
| selection of experts in health care finance and administration, | 1010 |
| providers from a variety of medical fields, representatives of | 1011 |
| Ohio's counties, employers and employees, representatives of | 1012 |
| hospitals and clinics, and representatives from state regulatory | 1013 |
| bodies. Members of the Transition Advisory Group shall be | 1014 |
| reimbursed by the Ohio Health Care Agency for necessary and actual | 1015 |
| expenses incurred in the performance of their duties as members. | 1016 |
