(3) IF THE PLAINTIFF FAILS TO
REBUT THE PRESUMPTION PROVIDED IN DIVISION (
( (2) "HEALTH CARE ENTITY" MEANS A GOVERNMENT ENTITY, A FOR-PROFIT OR
NONPROFIT CORPORATION, A LIMITED LIABILITY COMPANY, A PARTNERSHIP, A
PROFESSIONAL CORPORATION, A STATE OR LOCAL SOCIETY AS DESCRIBED IN DIVISION ( (3) "HOSPITAL" MEANS EITHER OF THE FOLLOWING:
( History
HISTORY: 132 v H 801 (Eff 12-14-67); 134 v S 496 (Eff 3-31-73); 136 v H
682 (Eff 7-28-75); 136 v H 690 (Eff 7-15-76); 139 v H 51 (Eff 8-7-81); 139 v H
317 (Eff 8-27-82); 141 v H 769 (Eff 3-17-87); 142 v S 122 (Eff 4-2-87); 143 v H
347 (Eff 7-18-90); 144 v H 259 (Eff 10-23-91); 144 v H 478 (Eff 1-14-93); 146 v
H 117 (Eff 9-29-95); 146 v H 350. Eff 1-27-97.
The provisions of
§ 5(K) of HB 350 (146 v --) read as follows:
SECTION 5. * * *
(K) In amending sections 2305.25
and 2305.251
of the Revised Code in this act, it is the intent of the General Assembly to
extend the protections offered by these sections to all health care entities
that engage in peer review activities, such as affiliated hospitals, hospital
networks, integrated delivery systems, and physician-hospital organizations, and
to entities that provide peer review services on behalf of health care entities.
As changes occur in the health care delivery system, it is the intent of the
General Assembly to encourage effective peer review activities in order to
ensure and to improve the quality of medical care rendered by providing that
organizational and individual participants in peer review processes enjoy
immunity from tort liability and that peer review information is not subject to
discovery and is inadmissible in civil actions as provided in those sections. *
* *
§ 2305.25 Immunity as to health care peer review activities;
presumption against negligent credentialing by hospital.
Text of Statute
-- (A) No health care entity and no individual who is a member of or works on
behalf of any of the following boards or committees of a health care entity or
of any of the following corporations shall be liable in damages to any person
for any acts, omissions, decisions, or other conduct within the scope of the
functions of the board, committee, or corporation:
(1) A peer review committee of a hospital, a nonprofit health care
corporation which is a member of the hospital or of which the hospital is a
member, or a community mental health center;
(2) A board or committee of a hospital or of a nonprofit health care
corporation which is a member of the hospital or OF which the hospital is a
member reviewing professional qualifications or activities of the hospital
medical staff or applicants for admission to the medical staff;
(3) A utilization committee of a state or local society composed of doctors
of medicine or doctors of osteopathic medicine and surgery or doctors of
podiatric medicine;
(4) A peer review committee of nursing home providers or administrators,
including a corporation engaged in performing the functions of a peer review
committee of nursing home providers or administrators, or a corporation engaged
in the functions of another type of peer review or professional standards review
committee;
(5) A peer review committee, professional standards review committee, or
arbitration committee of a state or local society composed of doctors of
medicine, doctors of osteopathic medicine and surgery, doctors of dentistry,
doctors of optometry, doctors of podiatric medicine, psychologists, or
registered pharmacists;
(6) A peer review committee of a health (7) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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, which conduct adversely affects, or could adversely affect, the
health or welfare of any patient;
(8) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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;
(9) A quality assurance committee of a state correctional institution
operated by the department of rehabilitation and correction;
(10) A quality assurance committee of the central office of the department of
rehabilitation and correction or department of mental health (12) A peer review committee of a health care entity.
(B)(1) A hospital shall be presumed to not be negligent in the credentialing
of a qualified person if the hospital proves by a preponderance of the evidence
that at the time of the alleged negligent credentialing of the qualified person
it was accredited by the joint commission on accreditation of health care
organizations, the American osteopathic association, or the national committee
for quality assurance.
(2) The presumption that a hospital is not negligent as provided in division
(B)(1) of this section may be rebutted only by proof, by a preponderance of the
evidence, of any of the following:
(a) The credentialing and review requirements of the accrediting organization
did not apply to the hospital, the qualified person, or the type of professional
care that is the basis of the claim against the hospital.
(b) The hospital failed to comply with all material credentialing and review
requirements of the accrediting organization that applied to the qualified
person.
(c) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
had developed a pattern of incompetence that indicated that the qualified
person's privileges should have been limited prior to treating the plaintiff at
the hospital.
(d) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
would provide fraudulent medical treatment but failed to limit the qualified
person's privileges prior to treating the plaintiff at the hospital.
(3) If the plaintiff fails to rebut the presumption provided in division
(B)(1) of this section, upon the motion of the hospital, the court shall enter
judgment in favor of the hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any individual or health
care entity from liability arising from treatment of a patient. Nothing in this
section shall be construed as creating an exception to section 2305.251
of the Revised Code.
(D) No person who provides information under this section without malice and
in the reasonable belief that the information is warranted by the facts known to
the person shall be subject to suit for civil damages as a result of providing
the information.
(E) For purposes of this section:
(1) "Peer review committee" means a utilization review committee,
quality assurance committee, quality improvement committee, tissue committee,
credentialing committee, or other committee that conducts professional
credentialing and quality review activities involving the competence or
professional conduct of health care practitioners.
(2) "Health care entity" means a government entity, a for-profit or
nonprofit corporation, a limited liability company, a partnership, a
professional corporation, a state or local society as described in division
(A)(3) of this section, or other health care organization, including, but not
limited to, health care entities described in division (A) of this section,
whether acting on its own behalf or on behalf of or in affiliation with other
health care entities, that conducts, as part of its purpose, professional
credentialing or quality review activities involving the competence or
professional conduct of health care practitioners or providers.
(3) "Hospital" means either of the following:
(a) An institution that has been registered or licensed by the Ohio
department of health as a hospital;
(b) 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 Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff of a
hospital or a person who has professional privileges at a hospital pursuant to
section 3701.351
of the Revised Code.
(F) This section shall be considered to be purely remedial in its operation
and shall be applied in a remedial manner in any civil action in which this
section is relevant, whether the civil action is pending in court or commenced
on or after the effective date of this section, regardless of when the cause of
action accrued and notwithstanding any other section of the Revised Code or
prior rule of law of this state.
History
HISTORY: 132 v H 801 (Eff 12-14-67); 134 v S 496 (Eff 3-31-73); 136 v H 682
(Eff 7-28-75); 136 v H 690 (Eff 7-15-76); 139 v H 51 (Eff 8-7-81); 139 v H 317
(Eff 8-27-82); 141 v H 769 (Eff 3-17-87); 142 v S 122 (Eff 4-2-87); 143 v H 347
(Eff 7-18-90); 144 v H 259 (Eff 10-23-91); 144 v H 478 (Eff 1-14-93); 146 v H
117 (Eff 9-29-95); 146 v H 350 (Eff 1-27-97); 147 v S 67. Eff 6-4-97.
§ 2305.25 Immunity as to health care peer review activities;
presumption against negligent credentialing by hospital.
Text of Statute
-- Post-HB 350 (Tort Reform Act) version of this section.
(A) No health care entity and no individual who is a member of or works on
behalf of any of the following boards or committees of a health care entity or
of any of the following corporations shall be liable in damages to any person
for any acts, omissions, decisions, or other conduct within the scope of the
functions of the board, committee, or corporation:
(1) A peer review committee of a hospital, a nonprofit health care
corporation which is a member of the hospital or of which the hospital is a
member, or a community mental health center;
(2) A board or committee of a hospital or of a nonprofit health care
corporation which is a member of the hospital or OF which the hospital is a
member reviewing professional qualifications or activities of the hospital
medical staff or applicants for admission to the medical staff;
(3) A utilization committee of a state or local society composed of doctors
of medicine or doctors of osteopathic medicine and surgery or doctors of
podiatric medicine;
(4) A peer review committee of nursing home providers or administrators,
including a corporation engaged in performing the functions of a peer review
committee of nursing home providers or administrators, or a corporation engaged
in the functions of another type of peer review or professional standards review
committee;
(5) A peer review committee, professional standards review committee, or
arbitration committee of a state or local society composed of doctors of
medicine, doctors of osteopathic medicine and surgery, doctors of dentistry,
doctors of optometry, doctors of podiatric medicine, psychologists, or
registered pharmacists;
(6) 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, which conduct
adversely affects, or could adversely affect, the health or welfare of any
patient. For purposes of this division, "health insuring corporation"
includes wholly owned subsidiaries of a health insuring corporation.
(7) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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, which conduct adversely affects, or could adversely affect, the
health or welfare of any patient;
(8) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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;
(9) (10) A quality assurance committee of the central office of the department of
rehabilitation and correction or department of mental health;
(11) (B)(1) A hospital shall be presumed to not be negligent in the credentialing
of a qualified person if the hospital proves by a preponderance of the evidence
that at the time of the alleged negligent credentialing of the qualified person
it was accredited by the joint commission on accreditation of health care
organizations, the American osteopathic association, or the national committee
for quality assurance.
(2) The presumption that a hospital is not negligent as provided in division
(B)(1) of this section may be rebutted only by proof, by a preponderance of the
evidence, of any of the following:
(a) The credentialing and review requirements of the accrediting organization
did not apply to the hospital, the qualified person, or the type of professional
care that is the basis of the claim against the hospital.
(b) The hospital failed to comply with all material credentialing and review
requirements of the accrediting organization that applied to the qualified
person.
(c) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
had developed a pattern of incompetence that indicated that the qualified
person's privileges should have been limited prior to treating the plaintiff at
the hospital.
(d) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
would provide fraudulent medical treatment but failed to limit the qualified
person's privileges prior to treating the plaintiff at the hospital.
(3) If the plaintiff fails to rebut the presumption provided in division
(B)(1) of this section, upon the motion of the hospital, the court shall enter
judgment in favor of the hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any individual or health
care entity from liability arising from treatment of a patient. Nothing in this
section shall be construed as creating an exception to section 2305.251
of the Revised Code.
(D) No person who provides information under this section without malice and
in the reasonable belief that the information is warranted by the facts known to
the person shall be subject to suit for civil damages as a result of providing
the information.
(E) (2) "Health care entity" means a government entity, a for-profit or
nonprofit corporation, a limited liability company, a partnership, a
professional corporation, a state or local society as described in division
(A)(3) of this section, or other health care organization, including, but not
limited to, health care entities described in division (A) of this section,
whether acting on its own behalf or on behalf of or in affiliation with other
health care entities, that conducts, as part of its purpose, professional
credentialing or quality review activities involving the competence or
professional conduct of health care practitioners or providers.
(3) "Hospital" means either of the following:
(a) An institution that has been registered or licensed by the Ohio
department of health as a hospital;
(b) 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 Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff of a
hospital or a person who has professional privileges at a hospital pursuant to
section 3701.351
of the Revised Code.
(F) This section shall be considered to be purely remedial in its operation
and shall be applied in a remedial manner in any civil action in which this
section is relevant, whether the civil action is pending in court or commenced
on or after the effective date of this section, regardless of when the cause of
action accrued and notwithstanding any other section of the Revised Code or
prior rule of law of this state.
History
HISTORY: 132 v H 801 (Eff 12-14-67); 134 v S 496 (Eff 3-31-73); 136 v H 682
(Eff 7-28-75); 136 v H 690 (Eff 7-15-76); 139 v H 51 (Eff 8-7-81); 139 v H 317
(Eff 8-27-82); 141 v H 769 (Eff 3-17-87); 142 v S 122 (Eff 4-2-87); 143 v H 347
(Eff 7-18-90); 144 v H 259 (Eff 10-23-91); 144 v H 478 (Eff 1-14-93); 146 v H
117 (Eff 9-29-95); 146 v H 350 (Eff 1-27-97); 147 v S 67 (Eff 6-4-97); 147 v S
111. Eff 3-17-98.
§ 2305.25 Immunity as to health care peer review activities;
presumption against negligent credentialing by hospital.
Text of Statute
-- Post-HB 350 (Tort Reform Act) version of this section.
(A) No health care entity and no individual who is a member of or works on
behalf of any of the following boards or committees of a health care entity or
of any of the following corporations shall be liable in damages to any person
for any acts, omissions, decisions, or other conduct within the scope of the
functions of the board, committee, or corporation:
(1) A peer review committee of a hospital, a nonprofit health care
corporation which is a member of the hospital or of which the hospital is a
member, or a community mental health center;
(2) A board or committee of a hospital or of a nonprofit health care
corporation which is a member of the hospital or OF which the hospital is a
member reviewing professional qualifications or activities of the hospital
medical staff or applicants for admission to the medical staff;
(3) A utilization committee of a state or local society composed of doctors
of medicine (5) A peer review committee, professional standards review committee, or
arbitration committee of a state or local society composed of doctors of
medicine, doctors of osteopathic medicine (7) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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, which conduct adversely affects, or could adversely affect, the
health or welfare of any patient;
(8) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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;
(9) A peer review committee of an insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of medical professional liability
insurance in this state and that conducts professional quality review activities
involving the competence or professional conduct of health care providers, which
conduct adversely affects, or could affect, the health or welfare of any
patient;
(10) A peer review committee of a health care entity.
(B)(1) A hospital shall be presumed to not be negligent in the credentialing
of a qualified person if the hospital proves by a preponderance of the evidence
that at the time of the alleged negligent credentialing of the qualified person
it was accredited by the joint commission on accreditation of health care
organizations, the American osteopathic association, or the national committee
for quality assurance.
(2) The presumption that a hospital is not negligent as provided in division
(B)(1) of this section may be rebutted only by proof, by a preponderance of the
evidence, of any of the following:
(a) The credentialing and review requirements of the accrediting organization
did not apply to the hospital, the qualified person, or the type of professional
care that is the basis of the claim against the hospital.
(b) The hospital failed to comply with all material credentialing and review
requirements of the accrediting organization that applied to the qualified
person.
(c) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
had developed a pattern of incompetence that indicated that the qualified
person's privileges should have been limited prior to treating the plaintiff at
the hospital.
(d) The hospital, through its medical staff executive committee or its
governing body and sufficiently in advance to take appropriate action, knew that
a previously competent qualified person with staff privileges at the hospital
would provide fraudulent medical treatment but failed to limit the qualified
person's privileges prior to treating the plaintiff at the hospital.
(3) If the plaintiff fails to rebut the presumption provided in division
(B)(1) of this section, upon the motion of the hospital, the court shall enter
judgment in favor of the hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any individual or health
care entity from liability arising from treatment of a patient. Nothing in this
section shall be construed as creating an exception to section 2305.251
of the Revised Code.
(D) No person who provides information under this section without malice and
in the reasonable belief that the information is warranted by the facts known to
the person shall be subject to suit for civil damages as a result of providing
the information.
(E) As used in this section:
(1) "Peer review committee" means a utilization review committee,
quality assurance committee, quality improvement committee, tissue committee,
credentialing committee, or other committee that conducts professional
credentialing and quality review activities involving the competence or
professional conduct of health care practitioners.
(2) "Health care entity" means a government entity, a for-profit or
nonprofit corporation, a limited liability company, a partnership, a
professional corporation, a state or local society as described in division
(A)(3) of this section, or other health care organization, including, but not
limited to, health care entities described in division (A) of this section,
whether acting on its own behalf or on behalf of or in affiliation with other
health care entities, that conducts, as part of its purpose, professional
credentialing or quality review activities involving the competence or
professional conduct of health care practitioners or providers.
(3) "Hospital" means either of the following:
(a) An institution that has been registered or licensed by the Ohio
department of health as a hospital;
(b) 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 Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff of a
hospital or a person who has professional privileges at a hospital pursuant to
section 3701.351
of the Revised Code.
(F) This section shall be considered to be purely remedial in its operation
and shall be applied in a remedial manner in any civil action in which this
section is relevant, whether the civil action is pending in court or commenced
on or after the effective date of this section, regardless of when the cause of
action accrued and notwithstanding any other section of the Revised Code or
prior rule of law of this state.
History
HISTORY: 132 v H 801 (Eff 12-14-67); 134 v S 496 (Eff 3-31-73); 136 v H 682
(Eff 7-28-75); 136 v H 690 (Eff 7-15-76); 139 v H 51 (Eff 8-7-81); 139 v H 317
(Eff 8-27-82); 141 v H 769 (Eff 3-17-87); 142 v S 122 (Eff 4-2-87); 143 v H 347
(Eff 7-18-90); 144 v H 259 (Eff 10-23-91); 144 v H 478 (Eff 1-14-93); 146 v H
117 (Eff 9-29-95); 146 v H 350 (Eff 1-27-97); 147 v S 67 (Eff 6-4-97); 147 v S
111 (Eff 3-17-98); 147 v S 66. Eff 7-22-98.
§ 2305.25 Immunity of members or employees of committees.
Text of Statute
-- No hospital, no state or local society, and no individual who is a member or
employee of any of the following committees shall be liable in damages to any
person for any acts, omissions, decisions, or other conduct within the scope of
the functions of the committee:
(A) A utilization review committee, quality assurance committee, or tissue
committee of a hospital, a not-for-profit health care corporation which is a
member of the hospital or of which the hospital is a member, or a community
mental health center;
(B) A board or committee of a hospital or of a not-for-profit health care
corporation which is a member of the hospital or* which the hospital is a member
reviewing professional qualifications or activities of the hospital medical
staff or applicants for admission to the medical staff;
(C) A utilization committee of a state or local society composed of doctors
of medicine or doctors of osteopathic medicine and surgery or doctors of
podiatric medicine;
(D) A peer review committee of nursing home providers or administrators;
(E) A peer review committee, professional standards review committee, or
arbitration committee of a state or local society composed of doctors of
medicine, doctors of osteopathic medicine and surgery, doctors of dentistry,
doctors of optometry, doctors of podiatric medicine, psychologists, or
registered pharmacists;
(F) A peer review committee of a health maintenance organization 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, which conduct
adversely affects, or could adversely affect, the health or welfare of any
patient. For purposes of this division, "health maintenance
organization" includes wholly owned subsidiaries of a health maintenance
organization.
(G) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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, which conduct adversely affects, or could adversely affect, the
health or welfare of any patient;
(H) A peer review committee of any insurer authorized under Title XXXIX [39]
of the Revised Code to do the business of sickness and accident insurance in
this state 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 quality assurance committee of a state correctional institution
operated by the department of rehabilitation and correction;
(J) A quality assurance committee of the central office of the department of
rehabilitation and correction or department of mental health.
Nothing in this section shall relieve any individual or hospital from
liability arising from treatment of a patient.
This section shall also apply to any member or employee of a nonprofit
corporation engaged in performing the functions of a peer review committee of
nursing home providers or administrators or of a peer review or professional
standards review committee. No person who provides information under this
section and provides such information without malice and in the reasonable
belief that such information is warranted by the facts known to him shall be
subject to suit for civil damages as a result thereof.
HISTORY: 132 v H 801 (Eff 12-14-67); 134 v S 496 (Eff 3-31-73); 136 v H 682
(Eff 7-28-75); 136 v H 690 (Eff 7-15-76); 139 v H 51 (Eff 8-7-81); 139 v H 317
(Eff 8-27-82); 141 v H 769 (Eff 3-17-87); 142 v S 122 (Eff 4-2-87); 143 v H 347
(Eff 7-18-90); 144 v H 259 (Eff 10-23-91); 144 v H 478 (Eff 1-14-93); 146 v H
117. Eff 9-29-95.
The effective date is set by section 197 of HB 117.
* So in enrolled bill, division (B).
Text of Statute
-- This version of the statute was enacted in 1996 as part of Am. Sub. H.B.
350. In State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86
Ohio St.3d 451, the Ohio Supreme Court held that "Am. Sub. H.B. No. 350
(the Tort Reform Act) violates the one-subject provision of § 15(D), art II of
the Ohio Constitution, and is unconstitutional in toto." Because of that
decision any pre-HB 350 versions and any post-HB 350 amendments to this statute
are also shown.
( ( ( © Copyright 2000
Containing legislation passed and filed through August 1, 2000.