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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)


Ohio Appellate Court Rules in Favor of Gender-Affirming Care

On March 18, 2025, the 10th District Court of Appeals in Franklin County ruled that Ohio’s House Bill (HB) 68, which restricts puberty blockers and hormone therapy for minors seeking gender-affirming care, violates the Health Care Freedom Amendment and is therefore unenforceable. The court found that the law unlawfully interferes with parental rights and medical decision-making. The case, Moe v. Yost, has been remanded, and Ohio Attorney General Dave Yost intends to appeal.

HHS Revokes Public Comment Requirement on Certain Policy Changes

The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.

Corporate Transparency Act to be Re-evaluated

Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.