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

Client Alert
June 25, 2025

HB 172 seeks to repeal ORC Section 5122.04, which permits mental health professionals to provide outpatient mental health services to minors ages fourteen (14) or older without parent/guardian knowledge or consent. Under current Ohio law, minors can consent to no more than six (6) sessions or thirty (30) days of mental health services, whichever occurs sooner. The repeal would require parental consent for minors ages fourteen (14) or older to receive outpatient mental health services.

HB 172 also seeks to remove language from ORC Section 3129.03 referencing ORC Section 5122.04 which, under the bill, would now mandate parent/guardian consent in all situations when a mental health professional is diagnosing or treating a gender-related condition without the existence of any statutory exception. Eliminating ORC Section 5122.04 would compromise the confidentiality of a minor’s protected health information by allowing their parents to access information related to utilization of mental health services. HB 172 had its first hearing in the House Health Committee on May 21, 2025.

Please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com with any questions you may have regarding the potential impacts from this policy change.

Health LawHealthcareMental HealthDaphne KackloudisJordan Burdick
Client Alert

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

March 21, 2025The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.Client Alert

Ohio Appellate Court Rules in Favor of Gender-Affirming Care

March 19, 2025On 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.Client Alert

HHS Revokes Public Comment Requirement on Certain Policy Changes

March 5, 2025The 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.Client Alert

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

March 3, 2025A 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.Client Alert

Corporate Transparency Act to be Re-evaluated

February 28, 2025Recent 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.
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