January 28, 2015
In a lame duck session at the end of last year, the Ohio Legislature expanded the statutory definition of "medical claim" to include more claims against skilled nursing care services and personal home care services.
Ohio Revised Code section 2305.113 defines a "medical claim" under Ohio law and, perhaps more importantly, assigns a one-year statute of limitations to all claims that fall within its definition. If a claim does not fall within R.C. 2305.113, it generally is assigned the two-year statute of limitations for ordinary negligence.
Effective March 23, 2015, a medical claim in Ohio will include direct and derivative claims arising out of: (1) skilled nursing care services or personal home care services provided pursuant to a plan of care, medical diagnosis, or treatment; or (2) grievances for violations of resident rights at a skilled nursing home or similar entity (including hospital long term care units). For all other medical claims, the amendment also removes the duplicative language of "care" and replaces it with "plan of care."
Although the impact of this amendment on Ohio’s healthcare community as a whole may be rather nominal, skilled nursing and personal home care services should be pleased with the greater clarity and shorter statute of limitations.