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S. B. No. 165 As IntroducedAs Introduced
|130th General Assembly|
To amend section 3798.04 and to enact sections
4731.73 and 4731.74 of the Revised Code to
generally prohibit a physician from submitting any
portion of a patient's medical record to an
electronic database maintained by another party
without authorization from the patient or the
patient's representative and to prohibit a
physician from asking a patient or prospective
patient questions related to firearm ownership or
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3798.04 be amended and sections
4731.73 and 4731.74 of the Revised Code be enacted to read as
Sec. 3798.04. (A) A covered entity shall not
do either of the
(A) Use use or disclose protected health information without
an authorization that is valid under 45 C.F.R. 164.508 and, if
applicable, 42 C.F.R. part 2, except when as follows:
(1) When the use or disclosure is required
without such authorization by Subchapter C of Subtitle A of Title
45 of the Code of Federal Regulations and, if applicable, 42
C.F.R. part 2;
(2) To the extent that section 4731.73 of the Revised Code
does not prohibit the use or disclosure without such
authorization, when the use or disclosure is permitted without
such authorization by Subchapter C of Subtitle A of Title 45 of
the Code of Federal Regulations and, if applicable, 42 C.F.R. part
Use A covered entity shall not use or disclose protected
health information in a manner that is not consistent with 45
C.F.R. 164.502 and, to the extent section 4731.73 of the Revised
Code is more stringent than 45 C.F.R. 164.502, section 4731.73 of
the Revised Code.
Sec. 4731.73. (A) As used in this section:
(1) "Medical assistance" means medical assistance provided
pursuant to, or under programs established by, section 5101.49,
sections 5101.50 to 5101.529, Chapter 5111., or any other
provision of the Revised Code.
(2) "Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.
(3) "Protected health information" has the same meaning as in
45 C.F.R. 160.103.
(4) "Third party" means any of the following:
(a) A person authorized to engage in the business of sickness
and accident insurance under Title XXXIX of the Revised Code;
(b) A person or government entity providing coverage for
medical services or items to individuals on a self-insurance
(c) A health insuring corporation as defined in section
1751.01 of the Revised Code;
(d) A group health plan as defined in 29 U.S.C. 1167;
(e) A service benefit plan as referenced in 42 U.S.C.
(f) A pharmacy benefit manager;
(g) A third-party administrator licensed under Chapter 3959.
of the Revised Code;
(h) Any other person or government entity that is, by law,
contract, or agreement, responsible for the payment or processing
of a claim for a medical item or service for a recipient of
(B) Except as provided in division (C) of this section, a
physician shall neither submit nor permit the submission of all or
a portion of a patient's medical record to an electronic database
created or maintained by a person, other than the physician, or by
a government entity unless the following, as applicable, signs an
authorization that is valid under 45 C.F.R. 164.508 and, if
applicable, 42 C.F.R. part 2:
(1) In the case of a patient who is an adult, the patient,
the patient's guardian, or an authorized person as defined in
section 3701.74 of the Revised Code;
(2) In the case of a patient who is a minor, the patient's
parent, guardian, custodian, or other person responsible for the
(C) The prohibition in division (B) of this section does not
apply to the extent that the disclosure of protected health
information in a medical record is required without authorization
by either of the following:
(1) Subchapter C of Subtitle A of Title 45 of the Code of
Federal Regulations and, if applicable, 42 C.F.R. part 2;
(2) A contract for payment of the patient's medical claims by
a third party.
Sec. 4731.74. (A) As used in this section:
(1) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(2) "Physician" has the same meaning as in section 4731.73 of
the Revised Code.
(B) A physician shall not ask a patient or prospective
patient, or that person's representative, whether the patient or
prospective patient, or any individual residing in the patient's
or prospective patient's place of residence, owns or possesses a
firearm or any other question related to ownership or possession
of a firearm.
Section 2. That existing section 3798.04 of the Revised Code
is hereby repealed.