State Legislation

Local service, backed by national resources helps CorVel stand out from the rest. We have a long standing partnership with the Ohio Bureau of Workers’ Compensation (BWC) through the Health Partnership Program (HPP) to medically manage Ohio employers’ workers’ compensation claims. Our philosophy of local account management, backed by investments in people and systems, allows us to meet the BWC’s expectations of services for Ohio State Funded employers.

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As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

The Ohio MCO open enrollment period is May 3, 2021 through May 28, 2021. 

Legislature Status: No changes for Senate session. The House has scheduled session April 1-2 all at 1:00 PM. Legislation is not expected to go through the usual committee process, but rather it will be handled procedurally through the Rules committee.

• Ohio Department of Health coronavirus resource page.

• April 14, 2020 – The Department of Health issued an order requiring local health departments to provide to their jurisdictions’ dispatch agency or agencies the names and address of COVID-19 positive individuals.
• April 14, 2020 – The Lt. Governor announced that 667 critical employers – including Amazon, Walmart, and CVS Health – have listed roughly 41,000 essential job openings on the state’s job search portal.
• April 13, 2020 – The Department of Health issued an order requiring long-term care facilities to notify residents and families within 24 hours of a resident or staff member testing positive for the virus.
• April 13, 2020 – The Department of Health issued an order restricted the sale of in-person liquor in six border counties to Ohio residents.
• April 13, 2020 – The Governor authorized members of the Ohio National Guard to support the Department of Rehabilitation and Correction (ODRC) medical staff at the Pickaway Correctional Institution.

Legislation

• SB 294 Extends absent vote by mail to April 28. Pending.
• SB 298 Makes COVID-19 website available in multiple languages. Pending.
• SB 299 Provides paid leave to quarantined workers and to create a grant program to compensate contract who cannot perform services during public health emergencies. Pending.
• SB 301 Changes the Consumer Sales Practices Act to prohibit price gouging; declares an emergency. Pending.
• HB 197 Amends several codes to continue essential operations of state government and maintain the continuity of the state tax code in response to the declared pandemic and global health emergency related to COVID-19; makes appropriations; declares an emergency; expands unemployment benefits for individuals out of work due to COVID-19; extends absentee voting for the Ohio primary to April 28; extends the deadline to file income tax forms to July 15. Enacted.
• HB 557  Authorizes public bodies to meet via teleconference and video conference during a public health state of emergency as declared by the Governor; declares an emergency. Pending.
• HB 563  Requires notice of EMT transport of contagious patient. Pending.
• HB 565 Extends income tax filing deadline. Pending.
• HB 567  Authorizes partially refundable earned income tax credit. Pending.
• HB 574  Transfers and appropriates money for unemployment compensation. Pending.
• HB 576  Suspends homestead interest penalty and foreclosure. Pending.
• HB 578  Supports homeless shelters and rent assistance due to COVID-19. Pending.
• HB 580  Requires health plan issuers cover telemedicine in emergency. Pending.
• HB 581  States the General Assembly intends to enact legislation addressing the urgent needs of the state related to the COVID-19 outbreak. Pending.
• HB 585 Waives certain primary and secondary education requirements to account for school closings in compliance with the Director of Health’s order due to the implications of COVID-19; declares an emergency. Pending.
• HB 590 Prohibits price gouging after a declaration of an emergency; declares an emergency. Pending.
• HB 591 Suspends some employer municipal income tax withholding requirements during the COVID-19 state of emergency; declares an emergency. Pending.
• HB 592 Appropriates $10 million to the Ohio Association of Community Health Centers to respond to the COVID-19 outbreak. Pending.
• HB 593 Requires paid leave for an employee who is unable to work due to quarantine or mandatory isolation; creates a grant program to compensate contract workers who cannot perform services during public health emergencies; makes an appropriation; declares an emergency. Pending.
• HB 594 Regards re-employment of a retirant as a police officer, firefighter, or emergency medical worker during a state of emergency; allows a deferred retirement option plan participant to work past the participant’s employment end date during a state of emergency; declares an emergency. Pending.
• HB 598 Temporarily authorizes emergency medical technicians to perform certain medical services in hospitals and to declare an emergency. Pending.
• HB 599 Requires, during the period of the emergency declared by Executive Order 2020-01D issued on March 9, 2020, and for six months thereafter, prompt notification of an emergency medical services worker or funeral services worker who has treated, handled, or transported a patient who tested positive for COVID-19 and to declare an emergency. Pending.
• HB 600 Authorizes a person who has had a valid commercial driver’s license to drive an ambulance during the state of emergency due to COVID-19 and to declare an emergency. Pending.
• HB 603 Requires the Chancellor of Higher Education to waive interest rates and suspend payments on state student loan programs for up to sixty days, to require the Chancellor to conduct a study to assist institutions of higher education and students during the COVID-19 outbreak, and to declare an emergency. Pending.

COVID-19 Related Policies

HB 571 – To Amend Section 4123.68 of the Revised Code to Make Covid-19 Contracted By a Peace Officer, Firefighter, or Emergency Medical Worker an Occupational Disease Under the Workers’ Compensation Law Under Certain Circumstances and to Declare an Emergency.

Summary:

The measure amends Ohio Code relating to COVID-19 and workers’ compensation.
The measure requires that if COVID-19 is contracted by an employee who was required to work outside of the employee’s home workers’ compensation covers the employee.

Most Recent Update: The measure was introduced on March 23, 2020. The measure is eligible for a committee referral.

HB 308 – To amend sections 4123.01, 4123.026, and 4123.46 and to enact sections 145.364, 742.391, 3309.402, 4123.87, and 5505.182 of the Revised Code concerning workers’ compensation and disability retirement for peace officers, firefighters, and emergency medical workers diagnosed with post-traumatic stress disorder arising from employment without an accompanying physical injury.

Summary:

The measure establishes the right to workers’ compensation and disability retirement for peace officers, firefighters, and emergency medical workers diagnosed with post-traumatic stress disorder arising from employment without an accompanying physical injury.

Definitions 
The measure defines “employee” as  every person in the service of the state, or of any  county, municipal corporation, township, or school district therein, including regular members of lawfully constituted police and fire departments of municipal corporations and townships, whether paid or volunteer, and wherever serving within the state or on temporary assignment outside thereof, and executive officers of boards of education, under any appointment or contract of hire, express or implied, oral or written,including any elected official of the state, or of any county,municipal corporation, or township, or members of boards of education.

The measure defines “injury” as,  any injury, whether caused by  external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment.
“Injury” does not include:
i.  Psychiatric conditions except as follows:
a. Where the claimant’s psychiatric conditions have  arisen from an injury or occupational disease sustained by that claimant
b.  Where the claimant’s psychiatric conditions have  arisen from sexual conduct in which the claimant was forced by threat of physical harm to
engage or participate;
c. Where the claimant is a peace officer, firefighter, or emergency medical worker and is diagnosed with post-traumatic stress disorder that has
been received in the course of, and has arisen out of, the claimant’s employment as a peace officer, firefighter, or emergency medical worker.
ii. Injury or disability caused primarily by the natural  deterioration of tissue, an organ, or part of the body;
iii. Injury or disability incurred in voluntary participation in an employer-sponsored recreation or fitness activity if the employee signs a waiver of the employee’s right to compensation or benefits under this chapter prior to engaging in the recreation or fitness activity;
iv. A condition that pre-existed an injury unless that pre-existing condition is substantially aggravated by the injury. Such a substantial aggravation must be documented by objective diagnostic findings, objective clinical findings, or objective test results.

The measure defines “Firefighter” as a firefighter, whether paid or  volunteer, of a lawfully constituted fire department.

The measure defines  “Emergency medical worker” means a first responder,  emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician paramedic, whether paid or volunteer.

Workers Compensation
The measure stipulates that upon determining a member’s PTSD, the public employees retirement board shall notify the administrator of workers’ compensation of all of the following:

1. The name of the member;
2. That the member’s post-traumatic stress disorder, without an accompanying physical injury, qualifies that = member for a disability benefit.

iii. The effective date of the member’s disability benefit;

1. The date that payments for the member’s disability benefit commence.

The measure stipulates that upon determining a member’s post traumatic stress disorder, without an accompanying physical  injury, qualifies that member for a disability benefit the board of trustees of the Ohio police and fire pension fund shall notify the  administrator of workers’ compensation of all of the following:

1. The name of the member;
2. That the member’s post-traumatic stress disorder,  without an accompanying physical injury, qualifies that member for a disability benefit.

iii. The effective date of the member’s disability benefit;

1. The date that payments for the member’s disability  benefit commence.

The measure stipulates that upon determining that a member’s post traumatic stress disorder, without an accompanying physical injury, qualifies that member for a disability benefit  the  school employees retirement shall notify the administrator of  workers’ compensation of all of the following:

1. The name of the member;
2. That the member’s post-traumatic stress disorder, without an accompanying physical injury, qualifies that member

iii. The effective date of the member’s disability benefit;

1. The date that payments for the member’s disability  benefit commence.

The measure stipulates that upon determining that a member’s post traumatic stress disorder, without an accompanying physical  injury, qualifies that member for disability retirement shall notify the administrator of workers’ compensation  of all of the following:

1. The name of the member;
2. That the member’s post-traumatic stress disorder,  without an accompanying physical injury, qualifies that member for disability retirement.
   iii. The effective date of the member’s disability retirement;
3. The date that payments for the member’s disability retirement commence.

The measure stipulates that  any entitlement of a claimant to compensation as a  result of any order regarding that injury shall cease not later than one year after the date those payments commence.

Most Recent Update: The measure has been referred to the Senate General Government & Agency Review Committee. The measure is eligible for committee consideration at the discretion of the Chair.

Ohio Regulatory Updates  07/11/2024

SB 196 – Regards Authority of Advanced Practice Registered Nurses

Issues: Workers’ Compensation (General)

Summary For 06/28/2024

The measure expands the authority of practice registered nurses and provides other health care professional scope of practice authority.

The measure:

• Includes certified nurse-midwife, , clinical nurse specialist, or certified nurse practitioner to authorize documentations for individuals in the PASSPORT program.
• Modifies sec. 1347.08 to state that  a physician, including such a person who specializes as a psychiatrist; an advanced practice registered nurse, including such a person who specializes as a psychiatric-mental health nurse practitioner or psychiatric clinical nurse specialist; or a psychologist may prohibit disclosure of information if the information is to have an adverse effect.
• The measure adds authority  to clinical nurse specialist, or certified nurse practitioner in sections of existing codes: Sec. 1561.12; 1571.012
• Modifies Sec 1751.84 relating to group plans, screening, and treatment for autism spectrum disorder. Benefits for mental or behavioral health outpatient services for an enrollee under the age of fourteen that are performed by a  licensed psychologist; A licensed physician, including a psychiatrist; A clinical nurse specialist or certified nurse practitioner, including a psychiatric-mental health advanced practice registered nurse or a clinical nurse specialist or certified nurse practitioner specializing in pediatric or family health shall be covered at minimum.
• The measure modifies the definition of pharmacy care in Sec. 1751.84. “Pharmacy care” means prescribed medications and any health-related services considered medically necessary to determine the need or effectiveness of the medications.

The measure modifies the following definitions in Sec. 1751.84:

• “Psychiatric care” means direct or consultative services provided by a psychiatrist or psychiatric-mental health advanced practice registered nurse who is licensed in the state in which the psychiatrist or nurse practices.
• “Psychiatric-mental health advanced practice registered nurse” means an advanced practice registered nurse who is either of the following: (a) A clinical nurse specialist who is certified as a psychiatric-mental health CNS by the American nurses credentialing center; (b) A certified nurse practitioner who is certified as a psychiatric-mental health NP by the American nurses credentialing center.
•  “Treatment for autism spectrum disorder” definition includes clinical nurse specialist or certified nurse practitioner specializing in pediatric health, or clinical nurse specialist or certified nurse practitioner trained in autism who determines the care and equipment.

The measure:

• Includes clinical nurse specialist in Sec. 3304.23
• In relation to personal history record Sec. 3309.22, the measure includes written requests from  certified nurse-midwife, clinical nurse specialist, certified nurse practitioner.
• Modifies Sec. 3313.716. In relation to  possessing and using a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms for students, the student may have a written approval from a clinical nurse specialist, or certified nurse practitioner to provide to the school. A nurse may be included in emergency contact information.
• Modifies Sec. 3319.141 related to documentation for sick leave for school personnel. Allows certified nurse midwife, clinical nurse specialist, or certified nurse practitioner to provide documentation. Similarly applies to Sec. 3501.382 related to disabled registered voters.
• Modifies Sec. 3701.144 and 3701.162 and includes , certified nurse-midwives, clinical nurse specialists, certified nurse practitioners in respective provisions.
• Modifies 3701.47 to include nurses in the request of  tests for syphilis and gonorrhea.

In relation to maternal care, the measure:

• Modifies Sec 3701.50 and provides that every any certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner who attends a pregnant women must take specimens of the women for first examination. Allows a nurse to make an opinion on results.
• Modifies Sec. 3701.59 and allows registered nurses who attend pregnant women who may being using controlled substances to encourage the woman to enroll in a drug treatment program.

The measure:

• Modifies Sec 3701.74 and clarifies that an ambulatory care facility does not include a advanced registered nurses’ practice and modifies provisions related to  patient record.
• Adds “certified nurse midwife” as a definition under Sec. 3705.30 and requires nurses to report  to the system information concerning all patients under five years of age with a primary diagnosis of a congenital anomaly or abnormal condition.
• Modifies Sec 3707.08; 3710.07.
• Modifies Sec. 3721.01 to allow certified nurses to prepare special diets.
• Modifies Sec. 3721.011 to allow certified nurses to make decisions related to self administration of medication.
• Modifies Sec. 3721.041 to include clinical nurse specialists in vaccination decisions.
• Modifies Sec 3727.19 to include certified nurse-midwife, nurse specialists, certified nurse practitioner in vaccination decisions.
• Modifies Sec. 3742.03 relating to record keeping requirements for lead poisonings.
• Modifies Sec. 3901.56.
• Modifies Sec 3923.25 to include certified nurse-midwife, nurse specialists, certified nurse practitioner in “out patient basis” eligibility.
• Modifies Sec 3923.84 relating to group plans, screening, and treatment for autism spectrum disorder. Benefits for mental or behavioral health outpatient services for an enrollee under the age of fourteen that are performed by a licensed psychologist; A licensed physician, including a psychiatrist; A clinical nurse specialist or certified nurse practitioner, including a psychiatric-mental health advanced practice registered nurse or a clinical nurse specialist or certified nurse practitioner specializing in pediatric or family health shall be covered at minimum.
• The measure modifies the definition of pharmacy care in Sec. 3923.84 “Pharmacy care” means prescribed medications and any health-related services considered medically necessary to determine the need or effectiveness of the medications.
• Modifies Sec. 4506.07, Sec. 4507.06, and Sec.4507.081 relating to driver license permits, allows certified nurse-midwives, clinical nurse specialists, certified nurse practitioners to be a profession for verification.

In relation to pharmacy practices, the measure:

• Provides provisions related to the authorization of certified nurse-midwives, clinical nurse specialists, and certified nurse practitioners to establish protocols for pharmacists to dispense nicotine replacement therapy and epinephrine.  The Board of Nursing is tasked with adopting rules governing the standards and procedures for prescribing drugs that can be administered by pharmacists, in consultation with the State Board of Pharmacy. The authorization for pharmacists to dispense epinephrine is contingent upon the nurse-midwife, nurse specialist, or nurse practitioner meeting the requirements set by the State Board of Pharmacy.
• In relation to Sec.4729.41 the measure allows a certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner to establish protocols for pharmacists.
• Modifies Sec. 4729.45 and allows pharmacists to administer by injection that has been also prescribed by a certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner.
• Modifies Sec.4729.47 to include certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner who may authorize a pharmacist or pharmacy intern to dispense epinephrine without a prescription based on a protocol is not liable for any damages, criminal prosecution, or professional disciplinary action related to the administration of epinephrine by the recipient of the medication.

The measure:

• Modifies Sec.5120.17 and includes psychiatric-mental health advanced practice registered nurse as an independent decision maker and allows them to make determinations for psychiatric hospital emergency transfers.
• Modifies Sec. 5120.21 and Sec. 5145.22 relating to inmate medical procedures and includes clinical nurse specialist, or certified nurse practitioner.
• Modifies Sec. 5739.01 to include certified nurse-midwives, clinical nurse specialists, certified nurse practitioners as vendors when selling tangible personal property.
• Modifies Sec. 3705.30 and includes the definition of “Certified nurse-midwife,” and includes certified nurse-midwife, clinical nurse specialist, certified nurse practitioner to report to the system information concerning all patients under five years of age with a primary diagnosis of a congenital anomaly or abnormal condition.

This measure includes references to certified nurse-midwives, clinical nurse specialists, and certified nurse practitioners in the law governing employee access to medical reports pertaining to employees that are maintained by employers. Allows certified nurse-midwives, clinical nurse specialists, and certified nurse practitioners to act in the same capacity as physicians for purposes of the Workers’ Compensation Law.

This measure includes certified nurse midwives, specialists, and practitioners in provisions regarding: 

• referrals for medical services from government-based and nonprofit entities using victim services;
• collaborate with coroners and death certificates;
• membership on advisory councils, and governing boards;
• their role in various court proceedings;
• their ability to sign off on treatment for children in juvenile court and justify sick leave; 
• liability for prescribing automated external defibrillators;
• eligibility for benefits, and determine mental and physical incompetency and disability determinations;
• medical school forms;
• contracts with health districts;
• reporting requirements;
• tuberculosis and HIV treatment;
• communication with birthing centers and care for newborns; 
• exposure to specified chemicals;
• patient transfers;
• impairment evaluation training;
• injury or occupational disease;
• claim proceedings;
• chemical and drug testing;
• collaboration with a physician or podiatrist;
  • modifies provisions regarding their ability to pronounce a patient as dead.

This measure includes advanced practice registered nurses in provisions on health insuring corporations use a restricted formulary of prescription drugs and licensure.

An individual who is both an advanced practice registered nurse and a psychiatric nurse can take specified actions that can be taken by a physician or psychiatrist. 

Sections 3 and 4 take effect September 30, 2024.

Most Recent Update:  

• 06/26/2024 – Hearing Held; Amended; Passed Committee; Passed Senate

Ohio Regulatory Updates  04/11/2024

SB 106 – Regards Workers’ Comp Coverage for Certain Exposure Testing

Issues: Workers’ Compensation (General)

Summary For 03/14/2024

This measure extends workers’ compensation coverage for exposure to chemical substances or bodily fluids to physicians, nurses and other individuals with a certificate or license to practice a health care profession working with an air ambulance company. It also allows an equivalent form for release of a worker’s health information an only allows release of information as it is relevant to the worker’s claim.

Most Recent Update:  

• 03/13/2024 –  This measure was signed by Governor Mike DeWine (R) on March 13. It takes effect 91 days after enrollment, June 12, 2024.Additional Outlook: The September 12 substitute amends additional sections of the Revised Code regarding worker’s compensation coverage for testing.

  The February 7 amendment provided additional restrictions on release of employee health information.

Ohio Regulatory Updates  11/03/2023

SB 106 – Regards Workers’ Comp Coverage for Certain Exposure Testing

Issues: Workers’ Compensation (General)

Summary:

This measure extends workers’ compensation coverage for exposure to chemical substances or bodily fluids to physicians, nurses and other individuals with a certificate or license to practice a health care profession working with an air ambulance company.  It does not list an effective date.

Most Recent Update:  

• 11/01/2023 – Hearing Scheduled

Ohio Regulatory Updates  10/11/2023

SB 106 – Regards Workers’ Comp Coverage for Certain Exposure Testing

Issues: Workers’ Compensation (General)

Summary:

This measure extends workers’ compensation coverage for exposure to chemical substances or bodily fluids to physicians, nurses and other individuals with a certificate or license to practice a health care profession working with an air ambulance company.  It does not list an effective date.

Most Recent Update:  

• 09/26/2023 – Referred to Insurance Committee

Ohio Regulatory Updates 9/1/2021

HB 17 – To Amend Section 4123.68 of the Revised Code Regarding Charging Workers’ Compensation Experience In Firefighter Cancer Claims.

Issues: Workers’ Compensation (General)

Summary:

This measure amends Ohio Code relating to workers’ compensation benefits for firefighters disables by cancer. This measure requires the Administrator of Workers’ Compensation to charge compensation and benefits paid from the State Insurance Fund on account of a firefighter disabled by cancer contracted in the course of and arising out of the firefighter’s employment to the Surplus Fund Account. Additionally, this measure Requires a self-insuring employer to deduct compensation and benefits payable on account of a firefighter disabled by cancer contracted in the course of and arising out of the firefighter’s employment from the paid compensation the self-insuring employer reports to the Administrator. This measure does not provide an effective date.

Most Recent Update:  

3/10/2021 This measure was heard in the House Insurance Committee, chaired by Representative Thomas Brinkman Jr. (R). Testimony was presented by the sponsor. This measure awaits further consideration before the committee of referral at the discretion of the chair.

Ohio Regulatory Updates 6/15/2020

HB 534 – To Amend Sections 4121.44, 4121.441, and 4121.442 of the Revised Code Regarding Identifying Information In the Medical Management of Workers’ Compensation Claims.

Issues: Workers’ Compensation (General), Workers’ Compensation Managed Care

Summary:

The measure requires that a managed care organization must have a record keeping system that identifies a managed care organization’s staff member or a provider by first and last name when the staff member or provider creates a record that relates to a claimant.

The measure requires that the rules must prohibit using a provider’s social security number as a means of identifying the provider, including incorporating the provider’s social security number into an identifying number generated by the administrator.

Most Recent Update: This measure was heard June 3, 2020 in the House Insurance Committee, chaired by Representative Thomas Brinkman Jr. (R). No action was taken on this measure.

This measure awaits further consideration in the House Insurance Committee. A timeline for consideration has yet to be established. In Ohio, measures typically receive at least three committee hearings prior to receiving a committee vote.

Ohio MCO Services

• Employer training on State Fund processes
• First report of injury data capture and claim filing
• Medical case management
• Utilization review
• Transitional work programs
• Bill review and payment
• Customized injury packets

Ohio Resources

Ohio Compensation Website

Ohio Government Website