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(136th General Assembly)
(Amended
Senate Bill Number 137)
AN ACT
To enact sections 3727.81,
3727.811, and 5119.192 of the Revised Code to require hospitals to
provide overdose reversal drugs under certain circumstances.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 3727.81
,
3727.811,
and
5119.192 of the Revised Code be enacted to read as follows:
Sec.
3727.81.
(A)
As used in this section and section 3727.811 of the Revised Code:
(1)
"Health benefit plan" has the same meaning as in section
3922.01 of the Revised Code.
(2)
"Overdose reversal drug" has the same meaning as in section
4729.01 of the Revised Code.
(B)(1)
Except as provided in division (B)(2) of this section, at the time of
a patient's discharge from a hospital's emergency department, the
hospital shall provide to the patient an overdose reversal drug if
the patient presented to its emergency department with one or more
symptoms of an opioid overdose, opioid use disorder, or other adverse
event related to opioid use.
(2)
A hospital is not required to provide an overdose reversal drug to a
patient under division (B)(1) of this section if any of the following
is the case:
(a)
The patient's treating practitioner has determined, in the
practitioner's clinical and professional judgment, that providing the
drug is not appropriate.
(b)
The patient's treating practitioner has confirmed that the patient
possesses an overdose reversal drug.
(c)
The hospital has not received a supply of overdose reversal drugs
from any source, including the department of behavioral health as
described in section 5119.192 of the Revised Code.
(d)
The patient refuses to accept the overdose reversal drug.
(C)
In providing an overdose reversal drug under this section, the
hospital also shall provide the patient with directions for the
drug's use as well as information about medications for opioid use
disorder, harm reduction strategies, and available services, such as
treatment and peer counseling.
In
the case of a patient described in division (B)(2)(d) of this
section, the hospital shall provide the patient with information
about medications for opioid use disorder, harm reduction strategies,
and available services, such as treatment and peer counseling.
(D)(1)
Subject to division (D)(2) of this section, in the case of a patient
who is covered by a health benefit plan or the medicaid program and
receives an overdose reversal drug under this section, the hospital
may seek reimbursement for the drug's cost by submitting to the plan
or program a claim for payment. Payment of the claim is dependent on
whether the patient's health benefit plan or the medicaid program
covers the drug and the terms and conditions for that coverage.
(2)
Under division (D)(1) of this section, a hospital may seek
reimbursement for the cost of an overdose reversal drug only if the
drug provided to the patient was from a supply purchased by the
hospital.
(E)
This section does not do any of the following:
(1)
Prohibit a hospital from providing an overdose reversal drug at no
cost to a patient or third-party payor from a supply purchased by the
hospital;
(2)
Limit the authority of a hospital to provide overdose reversal drugs
as described in section 3715.50 of the Revised Code;
(3)
Affect a hospital's ability or responsibility to provide financial
assistance to a patient as required by state or federal law.
(F)
A hospital, including any of its employees, contractors, and
practitioners, is not liable for or subject to any of the following
for an act or omission that arises from fulfilling the duties of or
exercising any authority under this section: damages in any civil
action, prosecution in any criminal proceeding, sanctions under this
chapter or Chapter 3722. of the Revised Code, or professional
disciplinary action.
Sec.
3727.811.
A
hospital that provides overdose reversal drugs as described in
section 3727.81 of the Revised Code shall record each occurrence in
which an overdose reversal drug was provided and shall prepare
reports compiling the records. The hospital shall prepare and submit
reports to the department of health and department of behavioral
health in accordance with the standards and procedures established
under section 5119.192 of the Revised Code. In preparing a report, a
hospital shall not include any information that identifies or tends
to identify specific individuals to whom overdose reversal drugs were
provided.
Sec.
5119.192.
(A)
As used in this section, "overdose reversal drug" has the
same meaning as in section 4729.01 of the Revised Code.
(B)
Subject to available funds, the department of behavioral health shall
provide overdose reversal drugs to hospitals to be provided to
patients as described in section 3727.81 of the Revised Code.
(C)
The department of behavioral health, in coordination with the
department of health, shall establish standards and procedures for
reporting the occurrences in which overdose reversal drugs were
provided as required by section 3727.811 of the Revised Code.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________