OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 141 Bill Analysis
135th General Assembly
Click here for H.B. 141’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. LaRe and Robb Blasdel
Effective Date:
Austin C. Strohacker, Attorney
SUMMARY
Prohibits a health benefit plan from imposing cost sharing for occupational therapy,
physical therapy, or chiropractic services that is greater than the cost sharing for an
office visit to a primary care physician or osteopath physician.
Requires a health plan issuer to clearly state on its website and on all relevant literature
that coverage for occupational therapy, physical therapy, and chiropractic services is
available along with any limitations.
Makes a violation of the bill’s provisions an unfair and deceptive practice in the business
of insurance.
DETAILED ANALYSIS
Insurance coverage for occupational therapy, physical therapy,
and chiropractic services
The bill prohibits a health benefit plan (a contract offered by a health plan issuer to
provide for or pay for health care services) from imposing a cost-sharing requirement (any out-
of-pocket expense requirement under a health benefit plan) for services rendered by a licensed
occupational therapist, physical therapist, or chiropractor that is greater than the cost-sharing
requirement for an office visit to a licensed primary care physician or osteopath physician.
In addition, the bill requires a health plan issuer (an entity that contracts to provide or
reimburse health care costs under a health benefit plan, including a sickness and accident
insurance company, a health insuring corporation, a fraternal benefit society, a self-funded
multiple employer welfare arrangement, or a nonfederal, government health plan) to clearly
state on its website and on all relevant literature that coverage for occupational therapy,
physical therapy, and chiropractic services is available under the issuer’s health benefit plans, as
well as all related limitations, conditions, and exclusions.
December 20, 2023
Office of Research and Drafting LSC Legislative Budget Office
A violation of the bill’s provisions is considered an unfair and deceptive practice in the
business of insurance, potentially subjecting the violator to an injunction, license suspension,
fines, or other penalties.1
Exemption from review by the Superintendent of Insurance
The bill’s limitation on cost sharing for services rendered by a licensed occupational
therapist, physical therapist, or chiropractor might be considered a mandated health benefit.
Under R.C. 3901.71, if the General Assembly enacts a provision for mandated health benefits,
that provision cannot be applied to any health benefit plan until the Superintendent of
Insurance determines that the provision can be applied fully and equally in all respects to
employee benefit plans subject to regulation by the federal “Employee Retirement Income
Security Act of 1974” (ERISA),2 and to employee benefit plans established or modified by the
state or any of its political subdivisions. ERISA appears to preempt any state regulation of such
plans.3 The bill contains provisions that exempt its requirements from this restriction.4
HISTORY
Action Date
Introduced 03-28-23
Reported, H. Insurance 11-02-23
Passed House (81-8) 12-13-23
ANHB0141PH-135/ks
1 R.C. 3902.63; R.C. 3902.50 and 3901.19 through 3901.26, not in the bill.
2 29 United States Code (U.S.C.) 1001.
3 29 U.S.C. 1144.
4 R.C. 3902.63.
P a g e |2 H.B. 141
As Passed by the House