Section 3727.81
(A) As used in this section and section 3727.811 of the Revised Code:
(1) "Health benefit plan" has the same meaning as in section 3922.01 of the Revised Code.
(2) "Overdose reversal drug" has the same meaning as in section 4729.01 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, at the time of a patient's discharge from a hospital's emergency department, the hospital shall provide to the patient an overdose reversal drug if the patient presented to its emergency 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 benefit plan or the medicaid program covers the drug and the terms and conditions for that coverage.
(2) Under division (D)(1) of this section, a hospital may seek reimbursement for the cost of an overdose reversal drug only if the drug provided to the patient was from a supply purchased by the hospital.
(E) This section does not do any of the following:
(1) Prohibit a hospital from providing an overdose reversal drug at no cost to a patient or third-party payor from a supply purchased by the hospital;
(2) Limit the authority of a hospital to provide overdose reversal drugs as described in section 3715.50 of the Revised Code;
(3) Affect a hospital's ability or responsibility to provide financial assistance to a patient as required by state or federal law.
(F) A hospital, including any of its employees, contractors, and practitioners, is not liable for or subject to any of the following for an act or omission that arises from fulfilling the duties of or exercising any authority under this section: damages in any civil action, prosecution in any criminal proceeding, sanctions under this chapter or Chapter 3722. of the Revised Code, or professional disciplinary action.
Last updated March 26, 2026 at 2:53 PM
Available Versions of this Section
- June 9, 2026 – Enacted by Senate Bill 137 - 136th General Assembly [ View June 9, 2026 Version ]