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| To amend section 3798.04 and to enact sections | 1 |
| 4731.73 and 4731.74 of the Revised Code to | 2 |
| generally prohibit a physician from submitting any | 3 |
| portion of a patient's medical record to an | 4 |
| electronic database maintained by another party | 5 |
| without authorization from the patient or the | 6 |
| patient's representative and to prohibit a | 7 |
| physician from asking a patient or prospective | 8 |
| patient questions related to firearm ownership or | 9 |
| possession. | 10 |
| Section 1. That section 3798.04 be amended and sections | 11 |
| 4731.73 and 4731.74 of the Revised Code be enacted to read as | 12 |
| follows: | 13 |
| Sec. 3798.04. (A) A covered entity shall not | 14 |
| 15 |
| | 16 |
| an authorization that is valid under 45 C.F.R. 164.508 and, if | 17 |
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applicable, 42 C.F.R. part 2, except | 18 |
| (1) When the use or disclosure is required | 19 |
| without such authorization by Subchapter C of Subtitle A of Title | 20 |
| 45 of the Code of Federal Regulations and, if applicable, 42 | 21 |
| C.F.R. part 2; | 22 |
| (2) To the extent that section 4731.73 of the Revised Code | 23 |
| does not prohibit the use or disclosure without such | 24 |
| authorization, when the use or disclosure is permitted without | 25 |
| such authorization by Subchapter C of Subtitle A of Title 45 of | 26 |
| the Code of Federal Regulations and, if applicable, 42 C.F.R. part | 27 |
| 2. | 28 |
| (B) | 29 |
| health information in a manner that is not consistent with 45 | 30 |
| C.F.R. 164.502 and, to the extent section 4731.73 of the Revised | 31 |
| Code is more stringent than 45 C.F.R. 164.502, section 4731.73 of | 32 |
| the Revised Code. | 33 |
| Sec. 4731.73. (A) As used in this section: | 34 |
| (1) "Medical assistance" means medical assistance provided | 35 |
| pursuant to, or under programs established by, section 5101.49, | 36 |
| sections 5101.50 to 5101.529, Chapter 5111., or any other | 37 |
| provision of the Revised Code. | 38 |
| (2) "Physician" means an individual authorized under this | 39 |
| chapter to practice medicine and surgery, osteopathic medicine and | 40 |
| surgery, or podiatric medicine and surgery. | 41 |
| (3) "Protected health information" has the same meaning as in | 42 |
| 45 C.F.R. 160.103. | 43 |
| (4) "Third party" means any of the following: | 44 |
| (a) A person authorized to engage in the business of sickness | 45 |
| and accident insurance under Title XXXIX of the Revised Code; | 46 |
| (b) A person or government entity providing coverage for | 47 |
| medical services or items to individuals on a self-insurance | 48 |
| basis; | 49 |
| (c) A health insuring corporation as defined in section | 50 |
| 1751.01 of the Revised Code; | 51 |
| (d) A group health plan as defined in 29 U.S.C. 1167; | 52 |
| (e) A service benefit plan as referenced in 42 U.S.C. | 53 |
| 1396a(a)(25); | 54 |
| (f) A pharmacy benefit manager; | 55 |
| (g) A third-party administrator licensed under Chapter 3959. | 56 |
| of the Revised Code; | 57 |
| (h) Any other person or government entity that is, by law, | 58 |
| contract, or agreement, responsible for the payment or processing | 59 |
| of a claim for a medical item or service for a recipient of | 60 |
| medical assistance. | 61 |
| (B) Except as provided in division (C) of this section, a | 62 |
| physician shall neither submit nor permit the submission of all or | 63 |
| a portion of a patient's medical record to an electronic database | 64 |
| created or maintained by a person, other than the physician, or by | 65 |
| a government entity unless the following, as applicable, signs an | 66 |
| authorization that is valid under 45 C.F.R. 164.508 and, if | 67 |
| applicable, 42 C.F.R. part 2: | 68 |
| (1) In the case of a patient who is an adult, the patient, | 69 |
| the patient's guardian, or an authorized person as defined in | 70 |
| section 3701.74 of the Revised Code; | 71 |
| (2) In the case of a patient who is a minor, the patient's | 72 |
| parent, guardian, custodian, or other person responsible for the | 73 |
| minor's care. | 74 |
| (C) The prohibition in division (B) of this section does not | 75 |
| apply to the extent that the disclosure of protected health | 76 |
| information in a medical record is required without authorization | 77 |
| by either of the following: | 78 |
| (1) Subchapter C of Subtitle A of Title 45 of the Code of | 79 |
| Federal Regulations and, if applicable, 42 C.F.R. part 2; | 80 |
| (2) A contract for payment of the patient's medical claims by | 81 |
| a third party. | 82 |
| Sec. 4731.74. (A) As used in this section: | 83 |
| (1) "Firearm" has the same meaning as in section 2923.11 of | 84 |
| the Revised Code. | 85 |
| (2) "Physician" has the same meaning as in section 4731.73 of | 86 |
| the Revised Code. | 87 |
| (B) A physician shall not ask a patient or prospective | 88 |
| patient, or that person's representative, whether the patient or | 89 |
| prospective patient, or any individual residing in the patient's | 90 |
| or prospective patient's place of residence, owns or possesses a | 91 |
| firearm or any other question related to ownership or possession | 92 |
| of a firearm. | 93 |
| Section 2. That existing section 3798.04 of the Revised Code | 94 |
| is hereby repealed. | 95 |