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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)


January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.

Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.

Corporate Transparency Act Ruling from the U.S. Supreme Court

The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.