Ohio § 1753.09

§ 1753.09.

(A) Except as provided in division (D) of this section, prior to terminating the participation

of a provider on the basis of the participating provider's failure to meet the health

insuring corporation's standards for quality or utilization in the delivery of health

care services, a health insuring corporation shall give the participating provider

notice of the reason or reasons for its decision to terminate the provider's participation

and an opportunity to take corrective action.  The health insuring corporation shall develop a performance improvement plan in

conjunction with the participating provider.  If after being afforded the opportunity to comply with the performance improvement

plan, the participating provider fails to do so, the health insuring corporation may

terminate the participation of the provider. (B)(1) A participating provider whose participation has been terminated under division (A)

of this section may appeal the termination to the appropriate medical director of

the health insuring corporation.  The medical director shall give the participating provider an opportunity to discuss

with the medical director the reason or reasons for the termination. (2) If a satisfactory resolution of a participating provider's appeal cannot be reached

under division (B)(1) of this section, the participating provider may appeal the termination

to a panel composed of participating providers who have comparable or higher levels

of education and training than the participating provider making the appeal.  A representative of the participating provider's specialty shall be a member of

the panel, if possible.  This panel shall hold a hearing, and shall render its recommendation in the appeal

within thirty days after holding the hearing.  The recommendation shall be presented to the medical director and to the participating

provider. (3) The medical director shall review and consider the panel's recommendation before

making a decision.  The decision rendered by the medical director shall be final. (C) A provider's status as a participating provider shall remain in effect during the

appeal process set forth in division (B) of this section unless the termination was

based on any of the reasons listed in division (D) of this section. (D) Notwithstanding division (A) of this section, a provider's participation may be immediately

terminated if the participating provider's conduct presents an imminent risk of harm

to an enrollee or enrollees;  or if there has occurred unacceptable quality of care,

fraud, patient abuse, loss of clinical privileges, loss of professional liability

coverage, incompetence, or loss of authority to practice in the participating provider's

field;  or if a governmental action has impaired the participating provider's ability

to practice. (E) Divisions (A) to (D) of this section apply only to providers who are natural persons. (F)(1) Nothing in this section prohibits a health insuring corporation from rejecting a

provider's application for participation, or from terminating a participating provider's

contract, if the health insuring corporation determines that the health care needs

of its enrollees are being met and no need exists for the provider's or participating

provider's services. (2) Nothing in this section shall be construed as prohibiting a health insuring corporation

from terminating a participating provider who does not meet the terms and conditions

of the participating provider's contract. (3) Nothing in this section shall be construed as prohibiting a health insuring corporation

from terminating a participating provider's contract pursuant to any provision of

the contract described in division (G)(2) of section 3963.02 of the Revised Code , except that, notwithstanding any provision of a contract described in that division,

this section applies to the termination of a participating provider's contract for

any of the causes described in divisions (A), (D), and (F)(1) and (2) of this section. (G) The superintendent of insurance may adopt rules as necessary to implement and enforce sections 1753.06 , 1753.07 , and 1753.09 of the Revised Code .  Such rules shall be adopted in accordance with Chapter 119. of the Revised Code.