Legislative Update

Posted on May 7, 2007
www.legislature.state.oh.us
House Bill 119 (Matt Dolan – R)

State Biennial Budget Bill - To make operating appropriations for the biennium beginning July 1, 2007 and ending June 30, 2009, and to provide authorization and conditions for the operation of state programs.

Current Status:  Passed out of the House, hearing being held in the Senate Finance Committee.

House Bill 125 (Matt Huffman – R) – see attached analysis

To establish certain uniform contract provisions between health care providers and third-party payers, to establish standardized credentialing and to require third-party payers to provide to health care providers specified information concerning enrollees.

Current Status:  05/09/2007 H - Civil and Commercial Law (First)

House Bill 186 (Michael Skindell –D)

To establish and operate the Ohio Health Care Plan to provide universal health care coverage to all Ohio residents.

Current Status:  05/01/2007 Referred to Healthcare Access and Affordability Committee

Senate Bill 59 (Kevin Coughlin – R)

To establish a pilot program mandating arbitration for claims of medical negligence.

Requires the Superintendent of Insurance to establish a pilot program in certain designated counties to determine the benefits of using arbitration in medical negligence disputes.

Suspends the provisions in existing law concerning arbitration of medical claims and requires the parties to a medical negligence claim to arbitrate the claim in accordance with the bill's provisions prior to filing a complaint.

Prohibits commencing any action for medical negligence claims contrary to the provisions of the bill.

Potentially lengthens or shortens (depending on the particular case) the statute of limitations for filing a complaint with a court following the arbitration panel's evaluation, the conclusion of another dispute resolution mechanism, or the court's entry of judgment on a motion to vacate, modify, or correct the panel's evaluation.

Requires the claimant to provide notice to the hospital or health care facility or professional prior to filing a complaint.

Requires the hospital or health care facility or professional to provide a written response to the notice or file a motion to dismiss the claim.

Creates procedural requirements for arbitration hearings concerning a party's attendance at the hearing, the rules of evidence, and the admissibility of the arbitration panel's evaluation and depositions.

Modifies the existing law's requirements regarding the arbitration panel chairperson's duty to serve copies of the evaluation to the parties and a party's acceptance or rejection of the evaluation.

Stipulates additional procedural requirements for party communication, discovery, expert testimony, and settlement agreements for medical negligence claims.

Modifies current law's provisions regarding arbitration agreements.

Current Status:  03/28/2007 Insurance, Commerce and Labor, (Second Hearing)

Senate Bill 127 (Kevin Coughlin – R)

Companion Bill to House Bill 125