S. B. No. 120 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 120

Senator Goodman

Cosponsors: Senators Stivers, Austria

A BILL

To amend section 3727.05 and to enact sections 1
3727.50 and 3727.51 of the Revised Code to require 2
hospitals to operate emergency departments and 3
maintain Medicaid and Medicare provider 4
agreements, to provide exemptions to these 5
requirements, and to permit the Director of Health 6
to seek an injunction for violation of these 7
requirements. 8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3727.05 be amended and sections 9
3727.50 and 3727.51 of the Revised Code be enacted to read as 10
follows: 11

       Sec. 3727.05. The director of health may petition the court 12
of common pleas of the county in which a hospital is located for 13
an order enjoining any person or any political subdivision, 14
agency, or instrumentality of this state from violating section 15
3727.02 or 3727.50 of the Revised Code. Irrespective of any other 16
remedy the director may have in law or equity, the court may grant 17
the order upon a showing that the respondent named in the petition 18
is violating section 3727.02 or 3727.50 of the Revised Code. 19

       Sec. 3727.50. (A) As used in this section and section 20
3727.51 of the Revised Code: 21

       (1) "Dentist" means an individual licensed under Chapter 22
4715. of the Revised Code to practice dentistry. 23

       (2) "Medical staff member" means a physician or dentist who 24
has been granted staff membership and holds active professional 25
privileges at a hospital as determined by the hospital's governing 26
body in accordance with section 3701.351 of the Revised Code. 27

       (3) "Medical staff" means the physicians and dentists, 28
collectively, who are medical staff members of a hospital. 29

       (4) "Physician" means an individual authorized under Chapter 30
4731. of the Revised Code to practice medicine and surgery, 31
osteopathic medicine and surgery, or podiatric medicine and 32
surgery. 33

       (B) Except as provided in section 3727.51 of the Revised 34
Code, each hospital in which medical services are provided to 35
patients shall do all of the following: 36

       (1) Operate an emergency department that offers emergency 37
medical services to the general public twenty-four hours a day and 38
seven days a week; 39

       (2) Ensure that at least one physician and an adequate number 40
of nursing personnel and other health care professionals who are 41
qualified to provide care to patients seeking emergency medical 42
services at the hospital are on duty and attending to the 43
emergency department twenty-four hours a day and seven days a 44
week; 45

       (3) Ensure that the emergency department has a designated 46
space in the hospital that is readily accessible to the general 47
public; 48

       (4) Post a clear and easily readable sign on the exterior of 49
the hospital indicating the location of the emergency department 50
for individuals who seek emergency medical services at the 51
hospital; 52

       (5) Designate a medical staff member to direct the operations 53
of the emergency department; 54

       (6) Integrate emergency department services with the services 55
provided by other departments of the hospital; 56

       (7) Ensure that policies and procedures governing medical 57
care provided by staff in the emergency department are established 58
and regularly updated by the medical staff; 59

       (8) Maintain both of the following: 60

       (a) A provider agreement with the department of job and 61
family services pursuant to Title XIX of the "Social Security 62
Act," 42 U.S.C. 301, as amended; 63

       (b) A provider agreement with the United States secretary of 64
health and human services pursuant to section 1866 of the "Social 65
Security Act," 42 U.S.C 1395cc, as amended. 66

       Sec. 3727.51. The following are exempt from section 3727.50 67
of the Revised Code: 68

       (A) A hospital engaged primarily in providing specialized 69
care to inpatients with alcoholism or chemical dependency 70
rehabilitative service needs; 71

       (B) A hospital classified as a long-term care hospital under 72
42 C.F.R. 412.23(e), as amended, that is engaged primarily in 73
providing specialized acute hospital care for medically complex 74
patients who are critically ill or have multi-system complications 75
or failures, and have an average length of stay greater than 76
twenty-five days; 77

       (C) A hospital engaged primarily in providing specialized 78
care to inpatients with intensive, multi-disciplinary physical 79
restorative service needs; 80

       (D) A hospital engaged primarily in providing specialized 81
care to inpatients diagnosed with mental illness; 82

       (E) A hospital in which medical services were provided prior 83
to August 8, 2006, and that has not, since that date, done either 84
of the following: 85

       (1) Begun providing a service that is subject to section 86
3702.11 of the Revised Code; 87

       (2) Added more than ten per cent of the bed capacity that 88
existed on August 8, 2006. 89

       (F) A hospital that is physically attached to another 90
hospital if the hospital to which it is attached complies with 91
division (B) of section 3727.50 of the Revised Code. 92

       Section 2. That existing section 3727.05 of the Revised Code 93
is hereby repealed. 94

Section 1. That section 3727.05 be amended and sections	9
3727.50 and 3727.51 of the Revised Code be enacted to read as	10
follows:	11

Sec. 3727.05. The director of health may petition the court	12
of common pleas of the county in which a hospital is located for	13
an order enjoining any person or any political subdivision,	14
agency, or instrumentality of this state from violating section	15
3727.02 or 3727.50 of the Revised Code. Irrespective of any other	16
remedy the director may have in law or equity, the court may grant	17
the order upon a showing that the respondent named in the petition	18
is violating section 3727.02 or 3727.50 of the Revised Code.	19

Sec. 3727.50. (A) As used in this section and section	20
3727.51 of the Revised Code:	21

(1) "Dentist" means an individual licensed under Chapter	22
4715. of the Revised Code to practice dentistry.	23

(2) "Medical staff member" means a physician or dentist who	24
has been granted staff membership and holds active professional	25
privileges at a hospital as determined by the hospital's governing	26
body in accordance with section 3701.351 of the Revised Code.	27

(3) "Medical staff" means the physicians and dentists,	28
collectively, who are medical staff members of a hospital.	29

(4) "Physician" means an individual authorized under Chapter	30
4731. of the Revised Code to practice medicine and surgery,	31
osteopathic medicine and surgery, or podiatric medicine and	32
surgery.	33

(B) Except as provided in section 3727.51 of the Revised	34
Code, each hospital in which medical services are provided to	35
patients shall do all of the following:	36

(1) Operate an emergency department that offers emergency	37
medical services to the general public twenty-four hours a day and	38
seven days a week;	39

(2) Ensure that at least one physician and an adequate number	40
of nursing personnel and other health care professionals who are	41
qualified to provide care to patients seeking emergency medical	42
services at the hospital are on duty and attending to the	43
emergency department twenty-four hours a day and seven days a	44
week;	45

(3) Ensure that the emergency department has a designated	46
space in the hospital that is readily accessible to the general	47
public;	48

(4) Post a clear and easily readable sign on the exterior of	49
the hospital indicating the location of the emergency department	50
for individuals who seek emergency medical services at the	51
hospital;	52

(5) Designate a medical staff member to direct the operations	53
of the emergency department;	54

(6) Integrate emergency department services with the services	55
provided by other departments of the hospital;	56

(7) Ensure that policies and procedures governing medical	57
care provided by staff in the emergency department are established	58
and regularly updated by the medical staff;	59

(a) A provider agreement with the department of job and	61
family services pursuant to Title XIX of the "Social Security	62
Act," 42 U.S.C. 301, as amended;	63

(b) A provider agreement with the United States secretary of	64
health and human services pursuant to section 1866 of the "Social	65
Security Act," 42 U.S.C 1395cc, as amended.	66

Sec. 3727.51. The following are exempt from section 3727.50	67
of the Revised Code:	68

(A) A hospital engaged primarily in providing specialized	69
care to inpatients with alcoholism or chemical dependency	70
rehabilitative service needs;	71

(B) A hospital classified as a long-term care hospital under	72
42 C.F.R. 412.23(e), as amended, that is engaged primarily in	73
providing specialized acute hospital care for medically complex	74
patients who are critically ill or have multi-system complications	75
or failures, and have an average length of stay greater than	76
twenty-five days;	77

(C) A hospital engaged primarily in providing specialized	78
care to inpatients with intensive, multi-disciplinary physical	79
restorative service needs;	80

(D) A hospital engaged primarily in providing specialized	81
care to inpatients diagnosed with mental illness;	82

(E) A hospital in which medical services were provided prior	83
to August 8, 2006, and that has not, since that date, done either	84
of the following:	85

(1) Begun providing a service that is subject to section	86
3702.11 of the Revised Code;	87

(2) Added more than ten per cent of the bed capacity that	88
existed on August 8, 2006.	89

(F) A hospital that is physically attached to another	90
hospital if the hospital to which it is attached complies with	91
division (B) of section 3727.50 of the Revised Code.	92

Section 2. That existing section 3727.05 of the Revised Code	93
is hereby repealed.	94