Ohio § 2113.032
Full text of Ohio Ohio Revised Code § 2113.032, with citation guidance and answers to common questions.
§ 2113.032.
Any person who is eligible to be appointed as a personal representative of an estate
under the law of this state or named as executor in a will may file an application
with the probate court in the county in which the decedent resided seeking the release
of the decedent's medical records and medical billing records for use in evaluating
a potential wrongful death, personal injury, or survivorship action on behalf of the
decedent. The application shall include a decedent's estate form listing the decedent's known
surviving spouse, children, next of kin, legatees, and devisees, if any. The application may be filed prior to the filing of any application for authority
to administer the decedent's estate. Nothing in this section requires that an application to administer the decedent's
estate be filed if no estate is needed to be administered, unless otherwise required
by law. The probate court shall send a copy of the application to those persons listed on
the decedent's estate form described in this section unless otherwise directed by
the court. Upon the filing of the application and the payment of a filing fee as determined
by the court, and not earlier than ten days following the probate court's transmission
of a copy of the application to those persons listed on the decedent's estate form,
the probate court may order that the medical records and medical billing records be
released without a hearing or with a hearing if needed. The court's order shall direct all medical providers that provided medical care
or treatment to the decedent to release those medical records and medical billing
records to the applicant for the limited purpose of deciding whether or not to file
a wrongful death, personal injury, or survivorship action. The medical records and medical billing records are confidential and shall not be
made available for public viewing unless otherwise provided for by law or subsequent
court order. Upon obtaining the requested applicable records, and before the expiration of the
applicable statute of limitations, the applicant shall file a report with the court
certifying that all requested medical records and medical billing records have been
received and shall indicate whether an administration of the decedent's estate will
be filed.
Frequently Asked Questions About Ohio § 2113.032
What does Ohio Revised Code § 2113.032 cover?
Section 2113.032 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2113.032?
A common citation format is "Ohio Revised Code § 2113.032" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2113.032 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.