Ohio § 1349.01

§ 1349.01.

(A) As used in this section: (1) “ Consumer reporting agency ” has the same meaning as in the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C.A. 1681a . (2) “ Court ” means the division of the court of common pleas having jurisdiction over actions

for divorce, annulment, dissolution of marriage, legal separation, child support,

or spousal support. (3) “ Health insurance coverage ” means hospital, surgical, or medical expense coverage provided under any health

insurance or health care policy, contract, or plan or any other health benefits arrangement. (4) “ Provider ” has the same meaning as in section 3902.11 of the Revised Code . (B) If, pursuant to an action for divorce, annulment, dissolution of marriage, or legal

separation, the court determines that a party who is a resident of this state is responsible

for obtaining health insurance coverage for the party's former spouse or children

or if, pursuant to a child support order issued in accordance with sections 3119.29 to 3119.56 of the Revised Code , the court requires a party who is a resident of this state to obtain health insurance

coverage for the children who are the subject of the child support order, and the

party fails to obtain such coverage, no provider or collection agency shall collect

or attempt to collect from the former spouse, children, or person responsible for

the children, any reimbursement of any hospital, surgical, or medical expenses incurred

by the provider for services rendered to the former spouse or children, which expenses

would have been covered but for the failure of the party to obtain the coverage, if

the former spouse, any of the children, or a person responsible for the children,

provides the following to the provider or collection agency: (1) A copy of the court order requiring the party to obtain health insurance coverage

for the former spouse or children. (2) Reasonable assistance in locating the party and obtaining information about the party's

health insurance coverage. (C) If the requirements of divisions (B)(1) and (2) of this section are not met, the

provider or collection agency may collect the hospital, surgical, or medical expenses

both from the former spouse or person responsible for the children and from the party

who failed to obtain the coverage.  If the requirements of divisions (B)(1) and (2) are met, the provider or collection

agency may collect or attempt to collect the expenses only from the party. A party required to obtain health insurance coverage for a former spouse or children

who fails to obtain the coverage is liable to the provider for the hospital, surgical,

or medical expenses incurred by the provider as a result of the failure to obtain

the coverage.  This section does not prohibit a former spouse or person responsible for the children

from initiating an action to enforce the order requiring the party to obtain health

insurance for the former spouse or children or to collect any amounts the former spouse

or person responsible for the children pays for hospital, surgical, or medical expenses

for which the party is responsible under the order requiring the party to obtain health

insurance for the former spouse or children. (D)(1) If the requirements of divisions (B)(1) and (2) of this section are met, both of

the following restrictions shall apply: (a) No collection agency or provider of hospital, surgical, or medical services may report

to a consumer reporting agency, for inclusion in the credit file or credit report

of the former spouse or person responsible for the children, any information relative

to the nonpayment of expenses for the services incurred by the provider, if the nonpayment

is the result of the failure of the party responsible for obtaining health insurance

coverage to obtain health insurance coverage. (b) No consumer reporting agency shall include in the credit file or credit report of

the former spouse or person responsible for the children, any information relative

to the nonpayment of any hospital, surgical, or medical expenses incurred by a provider

as a result of the party's failure to obtain the coverage. (2) If the requirements of divisions (B)(1) and (2) of this section are not met, both

of the following provisions shall apply: (a) A provider of hospital, surgical, or medical services, or a collection agency, may

report to a consumer reporting agency, for inclusion in the credit file or credit

report of the former spouse or person responsible for the children, any information

relative to the nonpayment of expenses for the services incurred by the provider,

if the nonpayment is the result of the failure of the party responsible for obtaining

health insurance coverage to obtain such coverage. (b) A consumer reporting agency may include in the credit file or credit report of the

former spouse or person responsible for the children, any information relative to

the nonpayment of any hospital, surgical, or medical expenses incurred by the provider,

if the nonpayment is the result of the failure of the party responsible for obtaining

health insurance coverage to obtain such coverage. (3)(a) A provider of hospital, surgical, or medical services, or a collection agency, may

report to a consumer reporting agency, for inclusion in the credit file or credit

report of that party, any information relative to the nonpayment of expenses for the

services incurred by the provider, if the nonpayment is the result of the failure

of the party responsible for obtaining health insurance coverage to obtain such coverage. (b) A consumer reporting agency may include in the credit file or credit report of the

party responsible for obtaining health insurance coverage, any information relative

to the nonpayment of any hospital, surgical, or medical expenses incurred by a provider,

if the nonpayment is the result of the failure of that party to obtain health insurance

coverage. (4) If any information described in division (D)(2) of this section is placed in the

credit file or credit report of the former spouse or person responsible for the children,

the consumer reporting agency shall remove the information from the credit file and

credit report if the former spouse or person responsible for the children provides

the agency with the information required in divisions (B)(1) and (2) of this section.  If the agency fails to remove the information from the credit file or credit report

pursuant to the terms of the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C. 1681a , within a reasonable time after receiving the information required by divisions (B)(1)

and (2) of this section, the former spouse may initiate an action to require the agency

to remove the information. If any information described in division (D)(3) of this section is placed in the party's

credit file or credit report, the party has the burden of proving that the party is

not responsible for obtaining the health insurance coverage or, if responsible, that

the expenses incurred are not covered expenses.  If the party meets that burden, the agency shall remove the information from the

party's credit file and credit report immediately.  If the agency fails to remove the information from the credit file or credit report

immediately after the party meets the burden, the party may initiate an action to

require the agency to remove the information.