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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 281
2025-2026
Representative Williams
A
BILL
To
enact sections 3722.15 and 5119.335 of the Revised Code
regarding
hospitals and the enforcement of federal immigration law.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3722.15 and 5119.335 of the Revised Code be enacted to read
as follows:
Sec.
3722.15.
(A)
As used in this section:
(1)
"Medicaid provider" has the same meaning as in section
5164.01 of the Revised Code.
(2)
"State agency" means any organized agency, board, body,
commission, department, institution, office, or other entity
established by the laws of the state for the exercise of any function
of state government.
(B)
Each hospital licensed under this chapter shall permit any of the
following individuals to enter the one or more buildings in which the
main hospital and, if applicable, any of its remote locations are
located for the purpose of enforcing federal immigration law:
(1)
Any agent or officer of the United States department of homeland
security or its successor department;
(2)
Any other federal law enforcement officer;
(3)
Any state or local law enforcement officer who is assisting a person
described in division (B)(1) or (2) of this section in the
enforcement of federal immigration law.
(C)
Subject to division (E) of this section, each hospital shall permit
an individual described in division (B) of this section to enter the
hospital's one or more buildings to perform any of the following
activities and shall require each hospital employee or contractor to
facilitate the individual's access for those activities:
(1)
Arresting any individual pursuant to a lawful judicial or
administrative warrant;
(2)
Interviewing any individual;
(3)
Collecting information or evidence.
(D)
Subject to division (E) of this section, a hospital employee or
contractor shall provide to an individual described in division (B)
of this section any information or evidence that the hospital
possesses, but only to the extent permitted by federal or state law.
(E)
Before an individual is granted access as described in division (C)
of this section or provided information or evidence as described in
division (D) of this section, the individual shall do both of the
following:
(1)
Demonstrate to a hospital employee or contractor that the individual
is an individual described in division (B) of this section;
(2)
Demonstrate to a hospital employee or contractor that the individual
seeks access or information or evidence only for the purpose of
enforcing federal immigration law.
(F)
The governing board of each hospital shall adopt a written policy
establishing standards and procedures to be followed by hospital
employees and contractors when complying with the requirements of
this section. When adopting such a policy, the governing board may
designate one or more of the hospital's employees or contractors to
be responsible for determining if the conditions described in
division (E) of this section have been met.
(G)
This section does not require any individual to take any action that
the individual has a right not to take under the Fifth or Sixth
Amendment to the United States Constitution or under Ohio
Constitution, Article I, Section 10.
(H)
An individual described in division (B) of this section who is denied
access to one or more buildings of a hospital or information or
evidence that a hospital possesses may report that denial to the
director of health. On receipt of such a report, the director shall
investigate the matter to determine if the hospital that is the
subject of the report violated this section.
(I)
In the event the director determines, either through an investigation
or otherwise, that a hospital licensed under this chapter violated
this section, both of the following apply:
(1)
For a hospital that has been awarded a grant by a state agency, the
agency shall not further distribute any grant funds to the hospital.
(2)
For a hospital that is a medicaid provider, the department of
medicaid shall suspend the hospital's provider agreement pursuant to
section 5164.37 of the Revised Code.
This
division does not prevent the director of health from imposing on the
hospital any of the penalties described in division (B) of section
3722.07 of the Revised Code.
Sec.
5119.335.
(A)
As used in this section:
(1)
"Hospital" means a hospital that receives persons with
mental illnesses and is licensed under this chapter.
(2)
"Medicaid provider" has the same meaning as in section
5164.01 of the Revised Code.
(3)
"State agency" means any organized agency, board, body,
commission, department, institution, office, or other entity
established by the laws of the state for the exercise of any function
of state government.
(B)
Each hospital shall permit any of the following individuals to enter
the one or more buildings in which the main hospital and, if
applicable, any of its remote locations are located for the purpose
of enforcing federal immigration law:
(1)
Any agent or officer of the United States department of homeland
security or its successor department;
(2)
Any other federal law enforcement officer;
(3)
Any state or local law enforcement officer who is assisting a person
described in division (B)(1) or (2) of this section in the
enforcement of federal immigration law.
(C)
Subject to division (E) of this section, each hospital shall permit
an individual described in division (B) of this section to enter the
hospital's one or more buildings to perform any of the following
activities and shall require each hospital employee or contractor to
facilitate the individual's access for those activities:
(1)
Arresting any individual pursuant to a lawful judicial or
administrative warrant;
(2)
Interviewing any individual;
(3)
Collecting information or evidence.
(D)
Subject to division (E) of this section, a hospital employee or
contractor shall provide to an individual described in division (B)
of this section any information or evidence that the hospital
possesses, but only to the extent permitted by federal or state law.
(E)
Before an individual is granted access as described in division (C)
of this section or provided information or evidence as described in
division (D) of this section, the individual shall do both of the
following:
(1)
Demonstrate to a hospital employee or contractor that the individual
is an individual described in division (B) of this section;
(2)
Demonstrate to a hospital employee or contractor that the individual
seeks access or information or evidence only for the purpose of
enforcing federal immigration law.
(F)
Each hospital shall adopt a written policy establishing standards and
procedures to be followed by hospital employees and contractors when
complying with the requirements of this section. When adopting such a
policy, the hospital may designate one or more of the hospital's
employees or contractors to determine if the conditions described in
division (E) of this section have been met.
(G)
This section does not require any individual to take any action that
the individual has a right not to take under the Fifth or Sixth
Amendment to the United States Constitution or under Ohio
Constitution, Article I, Section 10.
(H)
An individual described in division (B) of this section who is denied
access to one or more buildings of a hospital or information or
evidence that a hospital possesses may report that denial to the
department of mental health and addiction services. On receipt of
such a report, the department shall investigate the matter to
determine if the hospital that is the subject of the report violated
this section.
(I)
In the event the department determines, either through an
investigation or otherwise, that a hospital licensed under this
chapter violated this section, both of the following apply:
(1)
For a hospital that has been awarded a grant by a state agency, the
agency shall not further distribute any grant funds to the hospital.
(2)
For a hospital that is a medicaid provider, the department of
medicaid shall suspend the hospital's provider agreement pursuant to
section 5164.37 of the Revised Code.
This
division does not prevent the department from imposing on the
hospital any of the penalties described in section 5119.33 of the
Revised Code.