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Ohio Passes Antidiscrimination Provision for CRNA Reimbursement

Client Alert

The passage of Ohio House Bill 96 (HB 96), which sets forth the state’s operating budget, includes important legislation regarding certified registered nurse anesthetists (CRNAs). Health benefit plans will soon be required to pay CRNAs at the same reimbursement rate as their physician counterparts for performing the same service. The new law seeks to promote patient access to care by prohibiting discrimination against CRNAs acting within the scope of their licensure. In recent years, CRNAs have faced payment discrimination from certain insurers who reduced their reimbursement rate from 100% to 85%, or who prohibited CRNA reimbursement altogether, based on their status as non-physician practitioners. Meanwhile, physician anesthesiologists are reimbursed at 100% for providing the same care.

Advocates for provider nondiscrimination have argued that discrimination based on provider licensure keeps patients from accessing the care they need. Ohio’s new law is an attempt to remedy this barrier to patient care while ensuring CRNAs are paid equally for performing the same tasks as physician anesthesiologists.

Ohio joins several other states who have enacted similar legislation for payment equality among providers rendering the same service including Maine[1], Virginia[2], Delaware[3], and New Hampshire[4]. This legislation does not prevent insurers from establishing variable reimbursement rates based on quality or performance measures. The new law will go into effect on September 30, 2025.

If you have any questions about the impact of HB 96 on CRNA reimbursement, please contact BMD Member Jeana Singleton at jmsingleton@bmdllc.com or Attorney Kate Crawford at khcrawford@bmdllc.com.

[1] 24-A MRSA §4320-Q

[2] VA Code Ann. § 38.2-3408

[3] 19 DE Admin. Code 1341-4.11

[4] N.H. Rev. Stat. § 420-J:8(VIII)(f)


Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.

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.