Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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

Client Alert
February 26, 2025

On February 18th, Ohio State Representatives Justin Pizzulli (R-District 90)  and Dontavius Jarrells (D-District 1) introduced House Bill (HB) 58, which proposes sweeping changes to Ohio’s current recovery housing landscape. HB 58 gives local Alcohol, Drug Addiction, and Mental Health (ADAMH) Boards (and their designees) authority to inspect recovery residences and investigate complaints levied against recovery residences (by residents, staff, or the public).

HB 58 also requires the Ohio Department of Mental Health and Addiction Services (OMHAS) to begin to issue Certificates of Need (CONs) to recovery homes seeking to engage in a “reviewable activity”.

Reviewable activities include but are not limited to:

    • Establishment, development, or construction of a new building that will be operated as a recovery housing residence;
    • Replacement of an existing building that is operated as a recovery housing residence or purchase or any other form of acquisition of an existing building that will be operated as a recovery housing residence;
    • Renovation of or addition to an existing building that is operated as a recovery housing residence that involves a capital expenditure of $500,000 or more, not including expenditures for equipment, staffing, or operational costs;
    • An increase in bed capacity at a recovery housing residence; and
    • Relocation of recovery housing residence beds from one physical building or site to another.

Under HB 58, as proposed, OMHAS will administer the CON program for recovery housing residences, approving or denying reviewable activities and issuing CONs if the reviewable activity is approved.

OMHAS will consider the following criteria (among others) when deciding whether to issue a CON to an operator:

    • The impact of the reviewable activity on the cost and quality of recovery housing in the relevant service area, including the historical and projected utilization of the services to which the application pertains and the effect of the reviewable activity on utilization of other providers of similar services;
    • The quality of the services to be provided as a result of the activity, as evidenced by the historical performance of the persons that will be involved in providing the services;
    • The impact of the reviewable activity on the availability and accessibility of the type of services proposed in the application to the population of the relevant service area;
    • The activity's short-term and long-term financial feasibility and cost-effectiveness; and
    • The impact of the activity on all other providers of similar services in the relevant service area, including the impact on their utilization, market share, and financial status.

To obtain a CON, operators will be required to submit an application and pay a non-refundable application fee to OMHAS. Further, when OMHAS grants a CON, it will monitor the activities of the recovery residence for up to five years after implementation of the reviewable activity for which the certificate was granted to ensure compliance.

Last, HB 58 requires establishment of a recovery housing residence fund funded by CON application fees and penalties assessed against operators. Alcohol, Drug Addiction, and Mental Health Boards will use the fund to pay for conducting inspections and investigations of recovery residences.

If you have questions about HB 58 or Ohio’s current regulations surrounding recovery homes, please contact BMD Member Daphne Kackloudis at dlkackloudis@bmdllc.com

or BMD Attorney Jordan Burdick at jaburdick@bmdllc.com.

Ohio Recovery HousingOhio Department of Mental Health and Addiction ServicesDaphne KackloudisJordan BurdickHealth Law
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.Client Alert

Blue Cross Blue Shield Provider Settlement Opportunity

June 6, 2025A proposed $2.8 billion settlement in the Blue Cross Blue Shield Antitrust Litigation may offer payments to eligible healthcare providers who delivered services between July 24, 2008 and October 4, 2024. Claims must be submitted by July 29, 2025.Client Alert

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

May 23, 2025In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.Client Alert

House Republicans Propose Cuts to Medicaid to Finance Savings

May 12, 2025House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.Client Alert

Protecting Your Image in the Age of AI-Generated “Deepfakes”

April 8, 2025The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.
Older posts