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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

Introducing HB 281: Enforcement of Federal Immigration Laws in Ohio Hospitals

July 1, 2025House Bill 281, introduced on May 20, 2025, would require Ohio hospitals to allow law enforcement, including federal immigration agents, to enter facilities and enforce immigration laws. The bill mandates that hospitals comply with information requests and adopt formal policies, raising significant concerns about patient privacy and access to care for immigrant communities.Client Alert

Parental Consent May Soon Be Required for Minor Mental Health Services in Ohio

June 25, 2025HB 172 proposes repealing a provision in Ohio law that allows minors age 14 and older to consent to limited outpatient mental health services without parental involvement. The bill would require parental consent for all such care and remove related language from other sections of the Ohio Revised Code.Client Alert

Community Behavioral Health Providers - Supervisor Pricing Changes Begin July 1 [Corrected Date]

June 16, 2025Effective June 16, community behavioral health providers wishing to receive reimbursement at the supervisor rate must add the HP or HT Modifier to fee-for-service (FFS) claims. Find out about the new guidelines.Client Alert

CMS Rescinds EMTALA Guidance for Emergency Abortions

June 16, 2025On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.Client Alert

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

June 11, 2025In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.
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