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ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

Client Alert
March 21, 2025

On March 11, 2025, Ohio Department of Medicaid (ODM) Director Maureen Corcoran appeared before the Senate Medicaid Committee to testify in support of Senate Concurrent Resolution 5 (SCR5) which urges the Trump Administration to approve ODM’s waiver that seeks to impose work requirements for the Medicaid expansion population in Ohio.

Doctor using virtual screen presses text: MEDICAID EXPANSION.

On February 28, 2025, ODM formally submitted its Section 1115 Demonstration waiver (the “waiver”) to the Centers for Medicare & Medicaid Services (CMS) to implement new work requirements for the Medicaid expansion population (also known as “Group VIII” recipients). Group VIII coverage includes adults ages 19 to 64 who are not eligible through other Medicaid categories and who make less than 138% of the federal poverty level (which, in 2025, is roughly $21,597 for a single person).

The state legislature included language in the budget bill passed two years ago that requires ODM to implement new eligibility criteria for Group VIII recipients. The new limitations memorialized in the waiver ODM recently submitted require that, to qualify for enrollment in Group VIII, a recipient must satisfy at least one of the following criteria:

  1. Be at least 55 years of age;
  2. Be employed;
  3. Be enrolled in school or an occupational training program;
  4. Be participating in an alcohol and drug addiction treatment program; or
  5. Have intensive physical health care needs or serious mental illness.

ODM was recently notified that the state’s waiver application has satisfied the completeness review and is now undergoing its federal public comment period. The comment period will end on April 7, 2025, and then the state’s waiver application will enter the review and negotiation period and formal review period. If the waiver is approved as submitted, the waiver’s first demonstration year will begin on January 1, 2026.

If you have questions about ODM’s proposed work requirements, or Group VIII coverage, or would like to submit comments to the federal government, please reach out to BMD Member Daphne Kackloudis at dlkackloudis@bmdllc.com or BMD Attorney Jordan Burdick at jaburdick@bmdllc.com.

Ohio Department of MedicaidMedicaidOhio MedicaidHealth LawDaphne Kackloudisjordan burdick
Client Alert

New Ohio Reporting Requirements for Non-Residential Contractors

March 18, 2026Ohio’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.Client Alert

DOT Non-Domiciled CDL Rule

March 11, 2026A 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.Client Alert

FinCEN Residential Real Estate Reporting Rule Now in Effect

March 6, 2026FinCEN’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.Client Alert

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

February 20, 2026The 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.Client Alert

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

February 17, 2026On 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.
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