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OH HB361

Bill

Status

Introduced

11/10/2009

Primary Sponsor

John Domenick

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Amends section 2317.421 of the Revised Code to establish that itemized written bills or statements for medical, dental, nursing, hospital, funeral services, medication, and prosthetic devices constitute prima-facie evidence of both the reasonableness of charges and the necessity of services provided.

  • Allows evidence that charges and fees are unreasonable or that services and devices were unnecessary to be admitted to rebut the prima-facie evidence of reasonableness and necessity.

  • Prohibits evidence that a provider accepted a different amount than billed, waived payment rights, or agreed to provide services free of charge from being used to rebut the prima-facie evidence of reasonableness and necessity.

  • Requires parties offering bills or statements as evidence to deliver copies to opposing counsel at least five days before trial for the evidence to qualify as prima-facie.

Legislative Description

To provide that in actions for damages arising from personal injury or wrongful death evidence that certain charges and fees in a written bill or statement are not reasonable and that the provision of certain specified services are not necessary is admissible to rebut the prima-facie evidence of reasonableness and necessity and that certain evidence is not admissible to rebut the prima-facie evidence of reasonableness in those actions.

Personal injury/wrongful death actions-presumption of reasonableness

Last Action

Committee Report

2/2/2010

Full Bill Text

No bill text available