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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.


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.

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.