Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Client Alert: AHCA License Alert: What Every Behavior Analysis Provider Should Know!

 

By July 1, 2020 the Florida Agency for Health Care Administration (“AHCA”) will require that all Behavior Analysis (“BA”) Groups have either (1) a health care clinic license or (2) an exemption from licensure as a health care clinic under Fla. Stat. 400.9905(4)(g).  A link to the statute is here.  

BA Groups will only qualify for an exemption if (1) all of its owners are Florida-licensed health care practitioners (i.e. Licensed Mental Health Counselor), or (2) the BA Group is owned by a combination of Florida-licensed health care practitioner and the spouse, parent, child, or sibling of the Florida-licensed health care practitioner owner. 

 BA Groups that do not qualify for the exemption must file an application for Licensure as a Health Care Clinic with AHCA.  As part of the application process, BA Groups will need to complete a Proof of Financial Ability to Operate.  Additionally, BA Groups will need to complete Level 2 Background screenings for all employees and owners who will have contact with patients and/or access to patient information.  Health Care Clinic Licensure applications need to be filed at least 60 – 120 days prior to the effective date; therefore, for a license to be effective by July 1, 2020 the application will need to be submitted no later than May 2, 2020.

For additional information regarding updates to AHCA’s Behavior Analysis Policy please refer to the Frequently Asked Questions Specific to Providers of Behavior Analysis Services.

If you would like copies of the regulations, need legal assistance with filing your AHCA Health Care License application or Exemption application, or have any questions concerning these matters, please contact:

Member, Executive Committee
Licensed in Ohio & Florida
P: 330.253.9185
C: 330.351.1945
F: 330.253.9187

 

A New Formation Solution – is the SSLC Right for Your Business?

In early January 2021, Ohio adopted Senate Bill 276 which established a Revised Limited Liability Company Act (“ORLLCA”) as Ohio Revised Code Chapter 1706, which effectively replaces the current Ohio Limited Liability Company Act (Ohio Revised Code Chapter 1706). The ORLLCA will become effective on January 1, 2022. One of the principal changes within the ORLLCA is the ability to establish “series LLCs”. Ohio becomes the 15th state to adopt a “series LLC” (“SLLC”). The below FAQs will help you better understand the mechanics and nuances of a series LLC.

Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers

SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:

Ohio Enacts Substantial Changes to Employment Discrimination Laws

In January, Governor Mike DeWine signed into law the Employment Law Uniformity Act, amending the employment protections in the Ohio Civil Rights Act in several significant ways. Such changes to the state’s anti-discrimination and anti-harassment laws have been considered and debated for years and finally made their way into Ohio law. What has changed for employment claims under the amended Ohio Civil Rights Act?

OHIO ADOPTS THE SERIES LLC: Implementation of Ohio’s Revised Limited Liability Company Act is Coming

On January 7, 2021, Ohio adopted S.B. 276. The new legislation establishes the Ohio Revised Limited Liability Company Act (“ORLLCA”) which effectively replaces the current Ohio LLC Act. ORLLCA will be fully effective as of January 2022. While the new law contains numerous changes to the existing LLC landscape, below is an overview of some of the key differences under the ORLLCA.

Will Federal Legislation Open Cannabis Acquisition Floodgate?

Are potential buyers quietly lobbying at federal and state levels to kick open the door to launch a new round of strategic acquisitions? Will presently pending federal legislation, the SAFE and MORE Acts, providing safe harbor for banks and re- or de-scheduling marijuana, be sufficient to mobilize into action major non-cannabis companies that previously shunned the cannabis industry due to the unknown implications of owning businesses whose activities are illegal under federal law?