Ohio Revised Code Title XLVII. Occupations Professions § 4731.256

(A) In addition to all other powers and duties conferred on the monitoring organization under contract with the state medical board pursuant to section 4731.25 of the Revised Code, the board shall require the monitoring organization to implement this section as a condition of entering into and maintaining the contract.

(B) Not later than thirty days after the effective date of this section, the monitoring organization, in collaboration with the Ohio state medical association and Ohio hospital association, shall create a foundation to be operated for the sole purpose of supporting programs approved under the criteria established by sections 4731.25 to 4731.254 of the Revised Code and any rules adopted under section 4731.255 of the Revised Code.  Once the foundation is created, the monitoring organization shall notify the treasurer of state.

As part of organizing the foundation's operations, the monitoring organization, in collaboration with the other creating entities, shall establish a three-member governing board.  The members shall consist of one individual appointed by the chief executive officer of the monitoring organization, one individual appointed by the chief executive officer of Ohio state medical association, and one individual appointed by the chief executive officer of the Ohio hospital association.  Any vacancy in the membership shall be filled in the same manner as the original appointment.

The foundation's governing board shall hold at least one meeting each year to approve an annual plan for the disbursement of funds held by the foundation.  In determining the amount to be disbursed, the governing board shall consider factors related to the cost of providing monitoring services, the revenue generated from participants who receive services from the monitoring organization, and the extent to which the monitoring organization's services are being used, particularly by individuals who are applicants and practitioners, as those terms are defined in section 4731.25 of the Revised Code.

The determination of the amount to be disbursed under this section is solely a power and duty of the foundation's governing board.