House Bill 215, sponsored by State Representative Jean Schmidt ( R - Loveland), would have required medical claims against health care providers to be reviewed by a medical review panel prior to the claim proceeding in court. This legislation was substituted on April 20, 2004 and no longer applies to medical screening panels. The bill was again substituted on May 4, 2004 and was reported out of the House Insurance Committee.
This version of the bill reported out of the House Insurance Committee weakened the "I am sorry law", removed language from the "expert witness section", revised the medical claims data to be collected, included an affidavit of noninvolvement, removed the request that the Ohio Supreme Court create a medical court, and included a certificate of expert review. The bill is to go to the House floor today.
The bill exempts physicians from liability when they express sympathy to family and relatives of a patient. The bill also sets requirements that expert witnesses have essentially the same medical background as a defendant. Further, insurers will be required to report annually to the Ohio Department of Insurance the results of any claim that involved a final judgment, a settlement or no indemnity payment on behalf of an insured. The bill originally urged the Ohio Supreme Court to establish a medical claims court, but that provision was removed from the bill. The AMC/NOMA supported the original HB 215 - which had included medical screening panels.