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EVV Requirements for Ohio Medicaid Postponed to January 2025

Client Alert

Recently, the Ohio Department of Medicaid (ODM) announced that it is pushing back the effective date of changes to the Electronic Visit Verification (EVV) claims adjudication process to January 1, 2025. Previously, the EVV requirements were set to go into effect on October 1, 2024.

The ODM initiated its EVV program in 2018 to comply with the Federal 21st Century Cures Act, which required all state Medicaid programs to implement an EVV system to verify personal care services by January 1, 2020, and home health services, by January 1, 2023. 

EVV is an electronic system for providers to capture patient visit data and to more accurately bill ODM for home visits. In Ohio, EVV is specifically required for providers who participate in the following ODM programs:

  1. Ohio Home Care Waiver
  2. MyCare Ohio Waiver
  3. PASSPORT Waiver
  4. Individual Options Waiver
  5. SELF Waiver

The EVV system requires home health providers to enter five important data elements during eligible visits: 

  1. Who receives the service
  2. Who provides the service
  3. What service is provided
  4. Where the service is provided
  5. The date and time the service begins and ends.

Providers have three ways to capture the visit data: via a mobile app; dedicated phone line (i.e., telephony); or manual entry on a computer into the system. However, ODM only permits manual visit entry when a device app or telephony is not available or appropriate for the member’s needs.

If you have any questions regarding the EVV system and/or requirements, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com  or Attorney Jordan Burdick at jaburdick@bmdllc.com.


Client Alert: AAA Introduces AI-Assisted Arbitrator for Certain Disputes

The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.

DOT Non-Domiciled CDL Rule

A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.

FinCEN Residential Real Estate Reporting Rule Now in Effect

FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.