Ohio § 4121.121

§ 4121.121.

(A) There is hereby created the bureau of workers' compensation, which shall be administered

by the administrator of workers' compensation.  A person appointed to the position of administrator shall possess significant management

experience in effectively managing an organization or organizations of substantial

size and complexity.  A person appointed to the position of administrator also shall possess a minimum

of five years of experience in the field of workers' compensation insurance or in

another insurance industry, except as otherwise provided when the conditions specified

in division (C) of this section are satisfied.  The governor shall appoint the administrator as provided in section 121.03 of the Revised Code , and the administrator shall serve at the pleasure of the governor.  The governor shall fix the administrator's salary on the basis of the administrator's

experience and the administrator's responsibilities and duties under this chapter

and Chapters 4123., 4125., 4127., 4131., 4133., and 4167. of the Revised Code.  The governor shall not appoint to the position of administrator any person who has,

or whose spouse has, given a contribution to the campaign committee of the governor

in an amount greater than one thousand dollars during the two-year period immediately

preceding the date of the appointment of the administrator. The administrator shall hold no other public office and shall devote full time to

the duties of administrator.  Before entering upon the duties of the office, the administrator shall take an oath

of office as required by sections 3.22 and 3.23 of the Revised Code , and shall file in the office of the secretary of state, a bond signed by the administrator

and by surety approved by the governor, for the sum of fifty thousand dollars payable

to the state, conditioned upon the faithful performance of the administrator's duties. (B) The administrator is responsible for the management of the bureau and for the discharge

of all administrative duties imposed upon the administrator in this chapter and Chapters

4123., 4125., 4127., 4131., 4133., and 4167. of the Revised Code, and in the discharge

thereof shall do all of the following: (1) Perform all acts and exercise all authorities and powers, discretionary and otherwise

that are required of or vested in the bureau or any of its employees in this chapter

and Chapters 4123., 4125., 4127., 4131., 4133., and 4167. of the Revised Code, except

the acts and the exercise of authority and power that is required of and vested in

the bureau of workers' compensation board of directors or the industrial commission

pursuant to those chapters.  The treasurer of state shall honor all warrants signed by the administrator, or

by one or more of the administrator's employees, authorized by the administrator in

writing, or bearing the facsimile signature of the administrator or such employee

under sections 4123.42 and 4123.44 of the Revised Code . (2) Employ, direct, and supervise all employees required in connection with the performance

of the duties assigned to the bureau by this chapter and Chapters 4123., 4125., 4127.,

4131., 4133., and 4167. of the Revised Code, including an actuary, and may establish

job classification plans and compensation for all employees of the bureau provided

that this grant of authority shall not be construed as affecting any employee for

whom the state employment relations board has established an appropriate bargaining

unit under section 4117.06 of the Revised Code .  All positions of employment in the bureau are in the classified civil service except

those employees the administrator may appoint to serve at the administrator's pleasure

in the unclassified civil service pursuant to section 124.11 of the Revised Code .  The administrator shall fix the salaries of employees the administrator appoints

to serve at the administrator's pleasure, including the chief operating officer, staff

physicians, staff certified nurse-midwives, staff clinical nurse specialists, staff

certified nurse practitioners, and other senior management personnel of the bureau

and shall establish the compensation of staff attorneys of the bureau's legal section

and their immediate supervisors, and take whatever steps are necessary to provide

adequate compensation for other staff attorneys. The administrator may appoint a person who holds a certified position in the classified

service within the bureau to a position in the unclassified service within the bureau.  A person appointed pursuant to this division to a position in the unclassified service

shall retain the right to resume the position and status held by the person in the

classified service immediately prior to the person's appointment in the unclassified

service, regardless of the number of positions the person held in the unclassified

service.  An employee's right to resume a position in the classified service may only be exercised

when the administrator demotes the employee to a pay range lower than the employee's

current pay range or revokes the employee's appointment to the unclassified service.  An employee who holds a position in the classified service and who is appointed

to a position in the unclassified service on or after January 1, 2016, shall have

the right to resume a position in the classified service under this division only

within five years after the effective date of the employee's appointment in the unclassified

service.  An employee forfeits the right to resume a position in the classified service when

the employee is removed from the position in the unclassified service due to incompetence,

inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous

treatment of the public, neglect of duty, violation of this chapter or Chapter 124.,

4123., 4125., 4127., 4131., 4133., or 4167. of the Revised Code, violation of the

rules of the director of administrative services or the administrator, any other failure

of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office,

or conviction of a felony while employed in the civil service.  An employee also forfeits the right to resume a position in the classified service

upon transfer to a different agency. Reinstatement to a position in the classified service shall be to a position substantially

equal to that position in the classified service held previously, as certified by

the department of administrative services.  If the position the person previously held in the classified service has been placed

in the unclassified service or is otherwise unavailable, the person shall be appointed

to a position in the classified service within the bureau that the director of administrative

services certifies is comparable in compensation to the position the person previously

held in the classified service.  Service in the position in the unclassified service shall be counted as service

in the position in the classified service held by the person immediately prior to

the person's appointment in the unclassified service.  When a person is reinstated to a position in the classified service as provided

in this division, the person is entitled to all rights, status, and benefits accruing

to the position during the person's time of service in the position in the unclassified

service. (3) Reorganize the work of the bureau, its sections, departments, and offices to the

extent necessary to achieve the most efficient performance of its functions and to

that end may establish, change, or abolish positions and assign and reassign duties

and responsibilities of every employee of the bureau.  All persons employed by the commission in positions that, after November 3, 1989,

are supervised and directed by the administrator under this section are transferred

to the bureau in their respective classifications but subject to reassignment and

reclassification of position and compensation as the administrator determines to be

in the interest of efficient administration.  The civil service status of any person employed by the commission is not affected

by this section.  Personnel employed by the bureau or the commission who are subject to Chapter 4117.

of the Revised Code shall retain all of their rights and benefits conferred pursuant

to that chapter as it presently exists or is hereafter amended and nothing in this

chapter or Chapter 4123. of the Revised Code shall be construed as eliminating or

interfering with Chapter 4117. of the Revised Code or the rights and benefits conferred

under that chapter to public employees or to any bargaining unit. (4) Provide offices, equipment, supplies, and other facilities for the bureau. (5) Prepare and submit to the board information the administrator considers pertinent

or the board requires, together with the administrator's recommendations, in the form

of administrative rules, for the advice and consent of the board, for classifications

of occupations or industries, for premium rates and contributions, for the amount

to be credited to the surplus fund, for rules and systems of rating, rate revisions,

and merit rating.  The administrator shall obtain, prepare, and submit any other information the board

requires for the prompt and efficient discharge of its duties. (6) Keep the accounts required by division (A) of section 4123.34 of the Revised Code and all other accounts and records necessary to the collection, administration, and

distribution of the workers' compensation funds and shall obtain the statistical and

other information required by section 4123.19 of the Revised Code . (7) Exercise the investment powers vested in the administrator by section 4123.44 of the Revised Code in accordance with the investment policy approved by the board pursuant to section 4121.12 of the Revised Code and in consultation with the chief investment officer of the bureau of workers' compensation.  The administrator shall not engage in any prohibited investment activity specified

by the board pursuant to division (F)(9) of section 4121.12 of the Revised Code and shall not invest in any type of investment specified in divisions (B)(1) to (10)

of section 4123.442 of the Revised Code.  All business shall be transacted, all funds invested, all warrants for money drawn

and payments made, and all cash and securities and other property held, in the name

of the bureau, or in the name of its nominee, provided that nominees are authorized

by the administrator solely for the purpose of facilitating the transfer of securities,

and restricted to the administrator and designated employees. (8) In accordance with Chapter 125. of the Revised Code, purchase supplies, materials,

equipment, and services. (9) Prepare an annual budget for internal operating purposes.  The administrator also shall, separately from the budget the industrial commission

submits, prepare and submit to the director of budget and management a budget for

each biennium.  The budget submitted to the director shall include estimates of the costs and necessary

expenditures of the bureau in the discharge of any duty imposed by law. (10) As promptly as possible in the course of efficient administration, decentralize and

relocate such of the personnel and activities of the bureau as is appropriate to the

end that the receipt, investigation, determination, and payment of claims may be undertaken

at or near the place of injury or the residence of the claimant and for that purpose

establish regional offices, in such places as the administrator considers proper,

capable of discharging as many of the functions of the bureau as is practicable so

as to promote prompt and efficient administration in the processing of claims.  All active and inactive lost-time claims files shall be held at the service office

responsible for the claim.  A claimant, at the claimant's request, shall be provided with information by telephone

as to the location of the file pertaining to the claimant's claim.  The administrator shall ensure that all service office employees report directly

to the director for their service office. (11) Provide a written binder on new coverage where the administrator considers it to

be in the best interest of the risk.  The administrator, or any other person authorized by the administrator, shall grant

the binder upon submission of a request for coverage by the employer.  A binder is effective for a period of thirty days from date of issuance and is nonrenewable.  Payroll reports and premium charges shall coincide with the effective date of the

binder. (12) Set standards for the reasonable and maximum handling time of claims payment functions,

ensure, by rules, the impartial and prompt treatment of all claims and employer risk

accounts, and establish a secure, accurate method of time stamping all incoming mail

and documents hand delivered to bureau employees. (13) Ensure that all employees of the bureau follow the orders and rules of the commission

as such orders and rules relate to the commission's overall adjudicatory policy-making

and management duties under this chapter and Chapters 4123., 4127., and 4131. of the

Revised Code. (14) Manage and operate a data processing system with a common data base for the use of

both the bureau and the commission and, in consultation with the commission, using

electronic data processing equipment, shall develop a claims tracking system that

is sufficient to monitor the status of a claim at any time and that lists appeals

that have been filed and orders or determinations that have been issued pursuant to section 4123.511 or 4123.512 of the Revised Code , including the dates of such filings and issuances. (15) Establish and maintain a medical section within the bureau.  The medical section shall do all of the following: (a) Assist the administrator in establishing standard medical fees, approving medical

procedures, and determining eligibility and reasonableness of the compensation payments

for medical, hospital, and nursing services, and in establishing guidelines for payment

policies which recognize usual, customary, and reasonable methods of payment for covered

services; (b) Provide a resource to respond to questions from claims examiners for employees of

the bureau; (c) Audit fee bill payments; (d) Implement a program to utilize, to the maximum extent possible, electronic data processing

equipment for storage of information to facilitate authorizations of compensation

payments for medical, hospital, drug, and nursing services; (e) Perform other duties assigned to it by the administrator. (16) Appoint, as the administrator determines necessary, panels to review and advise the

administrator on disputes arising over a determination that a health care service

or supply provided to a claimant is not covered under this chapter or Chapter 4123.,

4127., or 4131. of the Revised Code or is medically unnecessary.  If an individual health care provider is involved in the dispute, the panel shall

consist of individuals licensed pursuant to the same section of the Revised Code as

such health care provider. (17) Pursuant to section 4123.65 of the Revised Code , approve applications for the final settlement of claims for compensation or benefits

under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code as the

administrator determines appropriate, except in regard to the applications of self-insuring

employers and their employees. (18) Comply with section 3517.13 of the Revised Code , and except in regard to contracts entered into pursuant to the authority contained

in section 4121.44 of the Revised Code , comply with the competitive bidding procedures set forth in the Revised Code for

all contracts into which the administrator enters provided that those contracts fall

within the type of contracts and dollar amounts specified in the Revised Code for

competitive bidding and further provided that those contracts are not otherwise specifically

exempt from the competitive bidding procedures contained in the Revised Code. (19) Adopt, with the advice and consent of the board, rules for the operation of the bureau. (20) Prepare and submit to the board information the administrator considers pertinent

or the board requires, together with the administrator's recommendations, in the form

of administrative rules, for the advice and consent of the board, for the health partnership

program and the qualified health plan system, as provided in sections 4121.44 , 4121.441 , and 4121.442 of the Revised Code . (C) The administrator, with the advice and consent of the senate, shall appoint a chief

operating officer who has a minimum of five years of experience in the field of workers'

compensation insurance or in another similar insurance industry if the administrator

does not possess such experience.  The chief operating officer shall not commence the chief operating officer's duties

until after the senate consents to the chief operating officer's appointment.  The chief operating officer shall serve in the unclassified civil service of the

state.