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Ohio Appellate Court Rules in Favor of Gender-Affirming Care

Client Alert
March 19, 2025

On Tuesday, March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that House Bill (HB) 68’s restrictions on the provision of puberty blockers and hormones to minors seeking gender-affirming care violates the Health Care Freedom Amendment to the Ohio Constitution and therefore, are not enforceable in Ohio.

According to the 10th District, banning prescription drugs (including puberty blockers and hormones) interferes with parents’ rights to care for their children and prohibits parents from accessing for their minor children and deciding on medical treatment that follows the standards of care and professional guidelines accepted in the medical community to treat gender-related conditions.

The case, Moe v. Yost, has been remanded back to the Franklin County Court of Common Pleas. Ohio Attorney General Dave Yost has explicitly indicated that his office will appeal the ruling.

HB 68 became effective in August 2024 and broadly, prevents minors from accessing gender-affirming care (including hormone blockers, hormone replacement therapy (HRT), and some mental health services) without first being assessed for other comorbidities, including depression, anxiety, ADHD, and autism spectrum disorder, as well as for signs of physical, sexual, mental, or emotional abuse, and other traumas.

BMD previously drafted a client alert on HB 68, available here.

If you have any questions regarding this ruling, or HB 68 generally, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com.

Health LawHealthcareHealth Care Freedom AmendmentDaphne KackloudisJordan Burdick
Client Alert

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Preventing a Board Investigation

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Ohio Board of Nursing Proposes Rule Changes for Nurses

January 14, 2026On Monday, January 12, 2026, the Ohio Board of Nursing (“BON”) released a package of proposed changes to the Ohio Administrative Code. There are two proposed changes to continuing education requirements that Ohio nurses should be watching.Client Alert

New Florida Law: Patient Overpayments Must Be Refunded Within 30 Days

December 22, 2025Effective January 1, 2026, Florida Senate Bill 1808 requires health care facilities and practitioners to refund patient overpayments within 30 days after an overpayment is identified. The law applies to overpayments tied to claims submitted to government programs or private insurers and introduces fines and disciplinary consequences for noncompliance. Providers should review billing and payment practices now to prepare for the new requirements.
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