Ohio § 2305.25

§ 2305.25.

As used in this section and sections 2305.251 to 2305.253 of the Revised Code : (A)(1) “ Health care entity ” means an entity, whether acting on its own behalf or on behalf of or in affiliation

with other health care entities, that conducts as part of its regular business activities

professional credentialing or quality review activities involving the competence of,

professional conduct of, or quality of care provided by health care providers, including

both individuals who provide health care and entities that provide health care. (2) “ Health care entity ” includes any entity described in division (A)(1) of this section, regardless of

whether it is a government entity;  for-profit or nonprofit corporation;  limited

liability company;  partnership;  professional corporation;  state or local society

composed of physicians, dentists, optometrists, psychologists, or pharmacists;  accountable

care organization;  other health care organization;  or combination of any of the

foregoing entities. (B) “ Health insuring corporation ” means an entity that holds a certificate of authority under Chapter 1751. of the

Revised Code.  “ Health insuring corporation ” includes wholly owned subsidiaries of a health insuring corporation. (C) “ Hospital ” means any of the following: (1) An institution that has been registered or licensed by the department of health as

a hospital; (2) An entity, other than an insurance company authorized to do business in this state,

that owns, controls, or is affiliated with an institution that has been registered

or licensed by the department of health as a hospital; (3) A group of hospitals that are owned, sponsored, or managed by a single entity. (D) “ Incident report or risk management report ” means a report of an incident involving injury or potential injury to a patient

as a result of patient care provided by health care providers, including both individuals

who provide health care and entities that provide health care, that is prepared by

or for the use of a peer review committee of a health care entity and is within the

scope of the functions of that committee. (E)(1) “ Peer review committee ” means a utilization review committee, quality assessment committee, performance

improvement committee, tissue committee, credentialing committee, or other committee

that does either of the following: (a) Conducts professional credentialing or quality review activities involving the competence

of, professional conduct of, or quality of care provided by health care providers,

including both individuals who provide health care and entities that provide health

care; (b) Conducts any other attendant hearing process initiated as a result of a peer review

committee's recommendations or actions. (2) “ Peer review committee ” includes all of the following: (a) A peer review committee of a hospital or long-term care facility or a peer review

committee of a nonprofit health care corporation that is a member of the hospital

or long-term care facility or of which the hospital or facility is a member; (b) A peer review committee of a community mental health center; (c) A board or committee of a hospital, a long-term care facility, or other health care

entity when reviewing professional qualifications or activities of health care providers,

including both individuals who provide health care and entities that provide health

care; (d) A peer review committee, professional standards review committee, or arbitration

committee of a state or local society composed of members who are in active practice

as physicians, dentists, optometrists, psychologists, or pharmacists; (e) A peer review committee of a health insuring corporation that has at least a two-thirds

majority of member physicians in active practice and that conducts professional credentialing

and quality review activities involving the competence or professional conduct of

health care providers that adversely affects or could adversely affect the health

or welfare of any patient; (f) A peer review committee of a health insuring corporation that has at least a two-thirds

majority of member physicians in active practice and that conducts professional credentialing

and quality review activities involving the competence or professional conduct of

a health care facility that has contracted with the health insuring corporation to

provide health care services to enrollees, which conduct adversely affects, or could

adversely affect, the health or welfare of any patient; (g) A peer review committee of a sickness and accident insurer that has at least a two-thirds

majority of physicians in active practice and that conducts professional credentialing

and quality review activities involving the competence or professional conduct of

health care providers that adversely affects or could adversely affect the health

or welfare of any patient; (h) A peer review committee of a sickness and accident insurer that has at least a two-thirds

majority of physicians in active practice and that conducts professional credentialing

and quality review activities involving the competence or professional conduct of

a health care facility that has contracted with the insurer to provide health care

services to insureds, which conduct adversely affects, or could adversely affect,

the health or welfare of any patient; (i) A peer review committee of any insurer authorized under Title XXXIX of the Revised

Code to do the business of medical professional liability insurance in this state

that conducts professional quality review activities involving the competence or professional

conduct of health care providers that adversely affects or could affect the health

or welfare of any patient; (j) A peer review committee of the bureau of workers' compensation or the industrial

commission that is responsible for reviewing the professional qualifications and the

performance of providers certified by the bureau to participate in the health partnership

program or of providers conducting medical examinations or file reviews for the bureau

or the commission; (k) Any other peer review committee of a health care entity. (F) “ Physician ” means an individual authorized to practice medicine and surgery, osteopathic medicine

and surgery, or podiatric medicine and surgery. (G) “ Sickness and accident insurer ” means an entity authorized under Title XXXIX of the Revised Code to do the business

of sickness and accident insurance in this state. (H) “ Tort action ” means a civil action for damages for injury, death, or loss to a patient of a health

care entity.  “ Tort action ” includes a product liability claim, as defined in section 2307.71 of the Revised Code , and an asbestos claim, as defined in section 2307.91 of the Revised Code , but does not include a civil action for a breach of contract or another agreement

between persons. (I) “ Accountable care organization ” means such an organization as defined in 42 C.F.R. 425.20 .