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Lead Paint Contamination and Resources for Ohio Landlords

Client Alert
January 20, 2025

Every day, children in the United States are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978. The World Health Organization states that lead poisoning “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Children who survive lead poising are often burdened with lower IQ, behavioral issues, poor school performance. They often find themselves in a cycle of poverty and violence. Although lead poisoning that results from paint accumulates over time and is entirely preventable, the childhood lead crisis continues to plague many, especially those in low-income households. 

Cleveland, Ohio, where my national health law practice is based, is one of the most severely impacted cities in the US. News outlets have reported that about 90% of Cleveland’s home were built prior to 1978. The lead paint dust settles into the air and on surfaces where it is picked up by children. In fact, the Cleveland Department of Public Health reports that approximately 1,500 kids in Cleveland alone are poisoned every year. But the problem is also national and even global. The Institute for Health Metrics and Evaluation has found that more than 1.5 million deaths globally were attributed to lead exposure in 2021. 

Federal, state and local governments are all increasingly focused on addressing this public health crisis. For example, in 2019, Cleveland passed an ordinance imposing requirements on landlords to pay for private inspections of lead and secure lead-safe certificates. Further, Cleveland has imposed requirements that disclosures are made to renters and homebuyers if a home has an identified lead hazard. 

In our experience, it is clear that many landlords are not aware of or are not following these requirements. Buyers of Cleveland properties have been victims of fraud and misrepresentation with respect to identified lead hazards. Landlords often realize that their insurance policies will not cover lawsuits or damages resulting from lead contamination. Ambiguities in the Cleveland interpretation of its requirements as well as challenges in the administration and enforcement of the laws have posed a challenge even for the most responsible and well-intended landlords who want to ensure that their properties do not endanger residents. Lead remediation is very expensive, and it takes work for landlords to identify potential sources of funding at the federal, state, and local level. 

We urge property owners and landlords to educate themselves about not only the lead crisis itself but also the federal, state and local regulations and resources. Further, we urge them to reach out and ask for help from advisors, such as our firm, and also from governmental agencies and community groups that can provide guidance. Landlords must act now to mitigate their own liability, afford themselves of available resources, and be part of the solution to this complex problem.

If BMD can be of any further assistance with respect to lead-safe regulations, financial assistance, liability, or related considerations, please feel free to reach out to Kate Hickner at kehickner@bmdllc.com or 734.945.3293.    

Lead PaintHomeownersLandlords
Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
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