2011 Ohio Revised Code
Title [37] XXXVII HEALTH - SAFETY - MORALS
Chapter 3702: HOSPITAL CARE ASSURANCE PROGRAM; CERTIFICATES OF NEED
3702.58 Designating geographic regions as health service areas.

(A) The director of health shall designate geographic regions of this state as health service areas and shall designate one health service agency for each health service area. All territory in this state shall be included in a health service area, but no territory shall be included in more than one health service area.

(B) The director shall designate as a health service area any health service area that was so designated in accordance with the former “National Health Planning and Resources Development Act of 1974,” 88 Stat. 2225, 42 U.S.C. 300k, as amended, as of November 13, 1986. The director shall designate as a health service agency any health systems agency designated under such former act that, on June 30, 1987, was performing the functions of a health systems agency as provided for in such former act.

(C) The director may designate health service areas and health service agencies in addition to those designated under division (B) of this section, may revise the boundaries of health service areas, and may revoke the designation of a health service agency and designate a new health service agency for a health service area.

Each health service agency designated under this division shall be a nonprofit private corporation that is incorporated in this state as a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the “Internal Revenue Act of 1986,” 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that is not a subsidiary of, or otherwise controlled by, any other private or public corporation or other legal entity.

The board of trustees of each health service agency shall be nominated and elected by the agency’s membership in accordance with procedures specified in the agency’s by-laws. Each trustee shall be a resident of the health service area served by the agency, and any resident of the health service area age eighteen or older is eligible to be nominated. The board of trustees shall be broadly representative of the demographic characteristics of the health service area, including the geographic distribution and density of the population.

A majority of the trustees, but not more than seventy-five per cent, shall represent consumers and major purchasers of health care, including businesses and labor organizations, that are not health care providers. All other trustees shall represent health care providers and, to the extent practicable, shall be representative of the variety of health care disciplines and interests of the health service area. Only the trustees representing health care consumers and purchasers may vote on agency proceedings concerning a certificate of need application. However, no such trustees shall vote on proceedings concerning a certificate of need application if the trustee has a financial interest in the outcome of the proceedings.

A health service agency’s board of trustees may adopt policies governing the agency’s ability to sell health care information and resources to the public, to engage in activities on a fee-for-service basis, and to enter into contractual arrangements. No health service agency shall engage in any fee-for-service activity with a health care facility. Each board of trustees shall hire appropriate staff to perform duties required by the board.

(D) The functions of health service agencies shall include, but not be limited to:

(1) Performing functions related to the planning and implementation of health care facilities and health care services by:

(a) Identifying community health care needs and establishing community-based priorities and implementation strategies;

(b) Developing community-based plans to address identified needs and priorities;

(c) Providing technical assistance on community health care needs assessment and planning and implementation strategies to entities responsible for the delivery of health care services;

(d) Serving as the community resource to ensure that all concerned individuals and organizations of the community are represented and afforded an opportunity to participate in the planning and implementation of the health care systems and services that best meet the needs of the citizens of the health service area;

(e) Submitting to the director of health for inclusion in the state health resources plan issued under section 3702.521 of the Revised Code the local community-based health resources plan, which shall contain an analysis of the distribution of all health services, facilities, and other resources in the health service area, including existing deficiencies and excesses in local health resources;

(f) Submitting annually to the director a supplemental report recommending changes to the state health resources plan as it deems appropriate by the community health planning process.

(2) Performing functions related to monitoring of the health care system in the health service area, including:

(a) Compiling, analyzing, and disseminating technical information and data identifying statistical trends and gaps in health care services;

(b) Evaluating progress toward meeting local and state health care goals as established by their respective planning processes;

(c) Serving as the health service area community health information center by:

(i) Making available to the general public information about the quality, including performance and outcomes, and cost of, and access to, the health care delivery services and systems;

(ii) Maintaining copies of reports on utilization of, participation in, and performance of health care reform initiatives, including OhioCare, any health insurance access programs, and other health care cost, quality, and access reform program;

(iii) Maintaining copies of all reports required by state agencies that pertain to health care services, utilization, and cost.

(3) Conducting the following community activities:

(a) Informing and educating the public on health care issues, concerns, and proposed solutions, such as educating the public about the proper use of health care delivery reform initiatives;

(b) Providing forums for solving problems, resolving conflicts, and building consensus;

(c) Publishing and making available to the public reports on health care utilization, cost, and quality of services;

(d) Establishing and maintaining educational programs and other informational resources for promoting improvement in the health of the residents in the health service area.

(4) Promoting improvements in the health of the residents of the health service area by helping the community to:

(a) Plan for and implement improvements in cost, accessibility, and quality of health care services;

(b) Minimize unnecessary duplication of health services and technology;

(c) Promote competition where appropriate in the health service area.

(5) Implementing the certificate of need program on the local level by:

(a) Providing technical assistance to applicants for certificates of need;

(b) Advising the director of health by conducting community reviews of certificate of need applications based on local and state health resources plans and criteria and standards established by the public health council;

(c) Conducting public informational hearings on certificate of need applications under division (B) of section 3702.52 of the Revised Code;

(d) Submitting to the director findings and recommendations on certificate of need applications;

(e) Monitoring compliance with the granted certificates of need in the health service area on behalf of the director;

(f) Reporting findings of monitoring activities in a format determined by the director.

Effective Date: 06-30-1999