HB 508: Enact the Better Access to Health Care Act
This legislation aims to improve access to healthcare for mothers and newborns in Ohio. The law requires health insurance policies to cover inpatient care and follow-up care for up to 96 hours after a normal delivery and 48 hours after a cesarean delivery. This coverage includes medical, educational, and other services consistent with national guidelines. The law also requires coverage of follow-up care provided by a physician or advanced practice registered nurse, including physical assessments, parent education, and home health care visits. Decisions regarding inpatient care and follow-up care must be made by a qualified healthcare provider, and insurance companies cannot terminate a provider's participation or offer incentives to discourage the required care. The legislation does not establish minimum medical standards or require hospital deliveries, but rather focuses on ensuring th…
| Oct. 15, 2025 | Referred to committee: Medicaid |
| Oct. 08, 2025 | Introduced |
H.B. No. 508
As Introduced
136th General Assembly
Regular Session
2025-2026
Representatives Gross, Baker
To amend sections 1751.67, 2133.211, 3313.539, 13707.511, 3727.06, 3923.233, 3923.301, 3923.63, 3923.64, 4723.01, 4723.02, 4723.06, 4723.07, 4723.24, 4723.28, 4723.36, 4723.41, 4723.42, 4723.43, 4723.431, 4723.44, 4723.46, 4723.481, 4723.482, 4723.483, 4723.493, 4723.50, 4731.27, 4761.17, and 5164.07; to enact section 4723.439; and to repeal sections 4723.45 and 5164.73 of the Revised Code to modify the laws governing the practice of advanced practice registered nurses and to name this act the Better Access to Health Care Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1751.67, 2133.211, 3313.539, 13707.511, 3727.06, 3923.233, 3923.301, 3923.63, 3923.64, 4723.01, 4723.02, 4723.06, 4723.07, 4723.24, 4723.28, 4723.36, 4723.41, 4723.42, 4723.43, 4723.431, 4723.44, 4723.46, 4723.481, 4723.482, 4723.483, 4723.493, 4723.50, 4731.27, 4761.17, and 5164.07 be amended and section 4723.439 of the Revised Code be enacted to read as follows:
Sec. 1751.67.
(A) Each individual or group health insuring corporation policy, contract, or agreement delivered, issued for delivery, or renewed in this state that provides maternity benefits shall provide coverage of inpatient care and follow-up care for a mother and her newborn as follows:
- The policy, contract, or agreement shall cover a minimum of forty-eight hours of inpatient care following a normal vaginal delivery and a minimum of ninety-six hours of inpatient care following a cesarean delivery. Services covered as inpatient care shall include medical, educational, and any other services that are consistent with the inpatient care recommended in the protocols and guidelines developed by national organizations that represent pediatric, obstetric, and nursing professionals.
- The policy, contract, or agreement shall cover a physician-directed source of follow-up care or a source of follow-up care directed by an advanced practice registered nurse. Services covered as follow-up care shall include physical assessment of the mother and newborn, parent education, assistance and training in breast or bottle feeding, assessment of the home support system, performance of any medically necessary and appropriate clinical tests, and any other services that are consistent with the follow-up care recommended in the protocols and guidelines developed by national organizations that represent pediatric, obstetric, and nursing professionals. The coverage shall apply to services provided in a medical setting or through home health care visits. The coverage shall apply to a home health care visit only if the provider who conducts the visit is knowledgeable and experienced in maternity and newborn care.
When a decision is made in accordance with division (B) of this section to discharge a mother or newborn prior to the expiration of the applicable number of hours of inpatient care required to be covered, the coverage of follow-up care shall apply to all follow-up care that is provided within seventy-two hours after discharge. When a mother or newborn receives at least the number of hours of inpatient care required to be covered, the coverage of follow-up care shall apply to follow-up care that is determined to be medically necessary by the provider responsible for discharging the mother or newborn.
(B) Any decision to shorten the length of inpatient stay to less than that specified under division (A) (1) of this section shall be made by the physician attending the mother or newborn, except that if a certified nurse-midwife is attending the mother-in-collaboration-with-a-physician, the decision may be made by the certified nurse-midwife. Decisions-If the certified nurse-midwife is practicing under a standard care arrangement with one or more collaborating practitioners, as provided in Chapter 4723. of the Revised Code, the nurse's decision shall be made in collaboration with a collaborating practitioner.
Decisions regarding early discharge shall be made only after conferring with the mother or a person responsible for the mother or newborn. For purposes of this division, a person responsible for the mother or newborn may include a parent, guardian, or any other person with authority to make medical decisions for the mother or newborn.
(C) (1) No health insuring corporation may do either of the following:
- Terminate the participation of a provider or health care facility in an individual or group health care plan solely for making recommendations for inpatient or follow-up care for a particular mother or newborn that are consistent with the care required to be covered by this section;
- Establish or offer monetary or other financial incentives for the purpose of encouraging a person to decline the inpatient or follow-up care required to be covered by this section.
(2) Whoever violates division (C) (1) (a) or (b) of this section has engaged in an unfair and deceptive act or practice in the business of insurance under sections 3901.19 to 3901.26 of the Revised Code.
(D) This section does not do any of the following:
- Require a policy, contract, or agreement to cover inpatient or follow-up care that is not received in accordance with the policy's, contract's, or agreement's terms pertaining to the providers and facilities from which an individual is authorized to receive health care services;
- Require a mother or newborn to stay in a hospital or other inpatient setting for a fixed period of time following delivery;
- Require a child to be delivered in a hospital or other inpatient setting;
- Authorize a certified nurse-midwife to practice beyond the authority to practice nurse-midwifery in accordance with Chapter 4723. of the Revised Code;
- Establish minimum standards of medical diagnosis, care, or treatment for inpatient or follow-up care for a mother or newborn. A deviation from the care required to be covered under this section shall not, solely on the basis of this section, give rise to a medical claim or to derivative claims for relief, as those terms are defined in section 2305.113 of the Revised Code.