Effective: September 17, 2014
Latest Legislation: House Bill 493 - 130th General Assembly
As used in this section and sections 2305.251 to 2305.253 of the Revised Code:
(A)(1) "Health care entity" means an entity, whether acting on its own behalf or on behalf of or in affiliation with other health care entities, that conducts as part of its regular business activities professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by health care providers, including both individuals who provide health care and entities that provide health care.
(2) "Health care entity" includes any entity described in division (A)(1) of this section, regardless of whether it is a government entity; for-profit or nonprofit corporation; limited liability company; partnership; professional corporation; state or local society composed of physicians, dentists, optometrists, psychologists, or pharmacists; accountable care organization; other health care organization; or combination of any of the foregoing entities.
(B) "Health insuring corporation" means an entity that holds a certificate of authority under Chapter 1751. of the Revised Code. "Health insuring corporation" includes wholly owned subsidiaries of a health insuring corporation.
(C) "Hospital" means any of the following:
(1) An institution that has been registered or licensed by the department of health as a hospital;
(2) An entity, other than an insurance company authorized to do business in this state, that owns, controls, or is affiliated with an institution that has been registered or licensed by the department of health as a hospital;
(3) A group of hospitals that are owned, sponsored, or managed by a single entity.
(D) "Incident report or risk management report" means a report of an incident involving injury or potential injury to a patient as a result of patient care provided by health care providers, including both individuals who provide health care and entities that provide health care, that is prepared by or for the use of a peer review committee of a health care entity and is within the scope of the functions of that committee.
(E)(1) "Peer review committee" means a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee that does either of the following:
(a) Conducts professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by health care providers, including both individuals who provide health care and entities that provide health care;
(b) Conducts any other attendant hearing process initiated as a result of a peer review committee's recommendations or actions.
(2) "Peer review committee" includes all of the following:
(a) A peer review committee of a hospital or long-term care facility or a peer review committee of a nonprofit health care corporation that is a member of the hospital or long-term care facility or of which the hospital or facility is a member;
(b) A peer review committee of a community mental health center;
(c) A board or committee of a hospital, a long-term care facility, or other health care entity when reviewing professional qualifications or activities of health care providers, including both individuals who provide health care and entities that provide health care;
(d) A peer review committee, professional standards review committee, or arbitration committee of a state or local society composed of members who are in active practice as physicians, dentists, optometrists, psychologists, or pharmacists;
(e) A peer review committee of a health insuring corporation that has at least a two-thirds majority of member physicians in active practice and that conducts professional credentialing and quality review activities involving the competence or professional conduct of health care providers that adversely affects or could adversely affect the health or welfare of any patient;
(f) A peer review committee of a health insuring corporation that has at least a two-thirds majority of member physicians in active practice and that conducts professional credentialing and quality review activities involving the competence or professional conduct of a health care facility that has contracted with the health insuring corporation to provide health care services to enrollees, which conduct adversely affects, or could adversely affect, the health or welfare of any patient;
(g) A peer review committee of a sickness and accident insurer that has at least a two-thirds majority of physicians in active practice and that conducts professional credentialing and quality review activities involving the competence or professional conduct of health care providers that adversely affects or could adversely affect the health or welfare of any patient;
(h) A peer review committee of a sickness and accident insurer that has at least a two-thirds majority of physicians in active practice and that conducts professional credentialing and quality review activities involving the competence or professional conduct of a health care facility that has contracted with the insurer to provide health care services to insureds, which conduct adversely affects, or could adversely affect, the health or welfare of any patient;
(i) A peer review committee of any insurer authorized under Title XXXIX of the Revised Code to do the business of medical professional liability insurance in this state that conducts professional quality review activities involving the competence or professional conduct of health care providers that adversely affects or could affect the health or welfare of any patient;
(j) A peer review committee of the bureau of workers' compensation or the industrial commission that is responsible for reviewing the professional qualifications and the performance of providers certified by the bureau to participate in the health partnership program or of providers conducting medical examinations or file reviews for the bureau or the commission;
(k) Any other peer review committee of a health care entity.
(F) "Physician" means an individual authorized to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.
(G) "Sickness and accident insurer" means an entity authorized under Title XXXIX of the Revised Code to do the business of sickness and accident insurance in this state.
(H) "Tort action" means a civil action for damages for injury, death, or loss to a patient of a health care entity. "Tort action" includes a product liability claim, as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code, but does not include a civil action for a breach of contract or another agreement between persons.
(I) "Accountable care organization" means such an organization as defined in 42 C.F.R. 425.20.
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Chapter 2305 | Jurisdiction; Limitation of Actions
Section 2305.01 | Jurisdiction in Civil Cases - Trial Transfer.
Section 2305.011 | Standing of Nature or Ecosystem.
Section 2305.02 | Wrongful Imprisonment Claim.
Section 2305.03 | Lapse of Time a Bar.
Section 2305.04 | Recovery of Real Estate.
Section 2305.041 | Action for Breach of Oil or Gas Lease or License.
Section 2305.05 | Real Estate Dedicated to Public Uses.
Section 2305.06 | Contract in Writing.
Section 2305.07 | Contract Not in Writing; Statutory Liability; Consumer Transactions.
Section 2305.08 | Partial Payment.
Section 2305.09 | Four Years - Certain Torts.
Section 2305.091 | Asbestos Actions by School Districts.
Section 2305.10 | Bodily Injury or Injury to Personal Property.
Section 2305.101 | Limitation of Actions Against Dalkon Shield Claimants Trust.
Section 2305.11 | Time Limitations for Bringing Certain Actions.
Section 2305.111 | Assault or Battery Actions - Childhood Sexual Abuse.
Section 2305.112 | Actions Based on Identity Fraud.
Section 2305.113 | Medical Malpractice Actions.
Section 2305.114 | Partial Birth Feticide Actions.
Section 2305.116 | No Cause of Action for Failure to Perform Abortion.
Section 2305.117 | Action Upon a Legal Malpractice Claim.
Section 2305.12 | On Official Bond.
Section 2305.131 | Ten-Year Statute of Repose for Certain Premises Liability Actions.
Section 2305.14 | For Other Relief.
Section 2305.15 | Tolling During Defendant's Absence, Concealment or Imprisonment.
Section 2305.16 | Tolling Due to Minority or Unsound Mind.
Section 2305.17 | Commencement of Action.
Section 2305.18 | Summons on Corporation in Hands of a Receiver.
Section 2305.19 | Saving in Case of Reversal.
Section 2305.21 | Survival of Actions.
Section 2305.23 | Liability for Emergency Care.
Section 2305.232 | Immunity of Person Assisting in Clean-Up of Hazardous Material.
Section 2305.235 | Immunity of Person Involved With Providing Automated External Defibrillation.
Section 2305.236 | Immunity Concerning Domestic Violence Shelter Definitions.
Section 2305.238 | Immunity Where Tort Committed Off Domestic Violence Shelter Premises.
Section 2305.2311 | Immunity for Care Given in Disaster.
Section 2305.2341 | Medical Liability Insurance Reimbursement Program.
Section 2305.25 | Peer Review Committee Definitions.
Section 2305.251 | Peer Review Committee Immunity.
Section 2305.253 | Incident or Risk Management Report Not Admissible or Discoverable.
Section 2305.26 | Action to Enforce Lien - Limitations - Notice of Continuation.
Section 2305.31 | Promisee Indemnified Against Damage Liability.
Section 2305.32 | Sponsoring Employer in Ridesharing Arrangements Not Liable.
Section 2305.321 | Certain Equine Activities No Liability.
Section 2305.34 | Hydrant Failure of Nonprofit Corporation or Water and Sewer District No Liability.
Section 2305.35 | Donor Not Liable for Injuries to Gleaner.
Section 2305.38 | Uncompensated Volunteers of Nonprofit Charitable Organizations No Liability.
Section 2305.39 | Non-Responsible Persons Responding to Oil Spill Not Liable.
Section 2305.40 | Owner, Lessee, or Renter of Real Property Not Liable to Trespasser.
Section 2305.402 | Duties Owed to Trespassers.
Section 2305.41 | Duties to Disabled Persons Definitions.
Section 2305.42 | Identifying Devices.
Section 2305.43 | Duty of Law Enforcement Officer.
Section 2305.44 | Duty of Medical Practitioner.
Section 2305.45 | Duty of Others.
Section 2305.46 | False Identifying Information.
Section 2305.47 | Other Duties.
Section 2305.48 | Uniformity of Application.
Section 2305.49 | Title and Citation.
Section 2305.52 | Hold Harmless Clauses in Motor Carrier Transportation Contracts.