SB 137 — Require hospitals to provide overdose reversal drugs

As(136th PassedGeneralAssembly) by(Amended Senate Bill Number 137) ANACT To enact sections 3727.81, 3727.811, and 5119.192 of the SenateRevised 136thCode Generalto Assemblyrequire Regularhospitals Sessionto Am.provide overdose reversal drugs under certain circumstances.

S.Be it enacted by the General Assembly of the State of Ohio:

B.SECTION 1.

No.That sections 3727.81, 3727.811, and 5119.192 of the Revised Code be enacted to read as follows:

137Sec. 2025-2026 Senator Johnson Cosponsors:

Senators Huffman, Ingram, Antonio, Blackshear, Cirino, Craig, DeMora, Hicks-Hudson, Landis, O'Brien, Reineke, Reynolds, Timken, Weinstein, Wilson A BILL To enact sections 3727.81, 3727.811, and 5119.192 1 of the Revised Code to require hospitals to 2 provide overdose reversal drugs under certain 3 circumstances.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.

That sections 3727.81, 3727.811, and 5119.192 5 of the Revised Code be enacted to read as follows:

6 Sec.

(A) As used in this section and section 7 3727.811 of the Revised Code:

8 (1) "Health benefit plan" has the same meaning as in 9 section 3922.01 of the Revised Code.

10 (2) "Overdose reversal drug" has the same meaning as in 11 section 4729.01 of the Revised Code.

12 (B)(1) Except as provided in division (B)(2) of this 13 section, at the time of a patient's discharge from a hospital's 14 emergency department, the hospital shall provide to the patient 15 an overdose reversal drug if the patient presented to its 16emergency Am.department with one or more symptoms of an opioid overdose, opioid use disorder, or other adverse event related to opioid use.

(2) A hospital is not required to provide an overdose reversal drug to a patient under division (B)(1) of this section if any of the following is the case:

(a) The patient's treating practitioner has determined, in the practitioner's clinical and professional judgment, that providing the drug is not appropriate.

(b) The patient's treating practitioner has confirmed that the patient possesses an overdose reversal drug.

(c) The hospital has not received a supply of overdose reversal drugs from any source, including the department of behavioral health as described in section 5119.192 of the Revised Code.

(d) The patient refuses to accept the overdose reversal drug.

(C) In providing an overdose reversal drug under this section, the hospital also shall provide the patient with directions for the drug's use as well as information about medications for opioid use disorder, harm reduction strategies, and available services, such as treatment and peer counseling.

In the case of a patient described in division (B)(2)(d) of this section, the hospital shall provide the patient with information about medications for opioid use disorder, harm reduction strategies, and available services, such as treatment and peer counseling.

(D)(1) Subject to division (D)(2) of this section, in the case of a patient who is covered by a health benefit plan or the medicaid program and receives an overdose reversal drug under this section, the hospital may seek reimbursement for the drug's cost by submitting to the plan or program a claim for payment.

Payment of the claim is dependent on whether the patient's health Am.

137 Page136th 2G.A. As Passed by the Senate emergency department with one or more symptoms of an opioid 17 overdose, opioid use disorder, or other adverse event related to 18 opioid use.

19benefit (2)plan Aor hospitalthe ismedicaid notprogram requiredcovers tothe provide an overdose 20 reversal drug toand athe patientterms underand divisionconditions (B)(1)for ofthat thiscoverage. section 21 if any of the following is the case:

22(2) (a)Under Thedivision patient's(D)(1) treatingof practitionerthis hassection, determined,a inhospital 23may seek reimbursement for the practitioner'scost clinicalof andan professionaloverdose judgment,reversal thatdrug 24only providingif the drug isprovided notto appropriate.the patient was from a supply purchased by the hospital.

25(E) (b)This Thesection patient'sdoes treatingnot practitionerdo hasany confirmedof that 26 the patientfollowing: possesses an overdose reversal drug.

27(1) (c)Prohibit Thea hospital hasfrom notproviding receivedan a supply of overdose 28 reversal drugsdrug fromat anyno source,cost includingto thea departmentpatient ofor 29third-party behavioralpayor healthfrom asa describedsupply inpurchased sectionby 5119.192 of the 30hospital; Revised Code.

31(2) (d)Limit Thethe patientauthority refusesof toa accepthospital theto provide overdose reversal 32drugs drug.as described in section 3715.50 of the Revised Code;

33(3) (C)Affect Ina providinghospital's anability overdoseor reversalresponsibility drugto underprovide thisfinancial 34assistance section,to thea hospital also shall provide the patient with 35 directions for the drug's use as wellrequired asby informationstate aboutor 36federal medicationslaw. for opioid use disorder, harm reduction strategies, 37 and available services, such as treatment and peer counseling.

38(F) InA thehospital, caseincluding any of aits patientemployees, describedcontractors, inand divisionpractitioners, (B)(2)(d)is 39not ofliable thisfor section,or thesubject hospitalto shallany provideof the patientfollowing with 40 information about medications for opioidan useact disorder,or harmomission 41that reductionarises strategies,from andfulfilling availablethe services,duties suchof asor treatmentexercising 42any andauthority peerunder counseling.this section:

43damages (D)(1)in Subjectany tocivil divisionaction, (D)(2)prosecution ofin thisany section,criminal inproceeding, thesanctions 44under Am.this chapter or Chapter 3722.

of the Revised Code, or professional disciplinary action.

Sec.

3727.811.

A hospital that provides overdose reversal drugs as described in section 3727.81 of the Revised Code shall record each occurrence in which an overdose reversal drug was provided and shall prepare reports compiling the records.

The hospital shall prepare and submit reports to the department of health and department of behavioral health in accordance with the standards and procedures established under section 5119.192 of the Revised Code.

In preparing a report, a hospital shall not include any information that identifies or tends to identify specific individuals to whom overdose reversal drugs were provided.

Sec.

5119.192.