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

Client Alert

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.


New Ohio Recovery Housing Rules Take Effect January 1, 2025

Ohio’s new recovery housing rules, effective January 1, 2025, require certified community behavioral health providers to refer clients only to accredited recovery housing residences listed on the statewide registry.

SCOTUS to Weigh In on Medicaid Beneficiaries’ Right to Choose their Provider

The U.S. Supreme Court will hear arguments this spring on whether Medicaid beneficiaries have an enforceable right to choose their healthcare providers without state interference, as outlined in Section 1902(a)(23) of the Social Security Act. This case stems from a South Carolina petition challenging a Fourth Circuit ruling that blocked the state from terminating Planned Parenthood’s Medicaid provider agreement.

I Went to Bed and the Rules Changed: the Corporate Transparency Act is Back on Hold

The United States Court of Appeals for the Fifth Circuit ordered on December 26, 2024 that in an effort to “preserve the constitutional status quo” while it considered the Federal Government’s appeal, it vacated the prior order for a stay of the nationwide injunction pending appeal entered on December 23, 2024, and reinstated the preliminary injunction enjoining enforcement of the CTA and its corresponding Reporting Rule.

Telemedicine Flexibilities Extended to March 31, 2025

The American Relief Act of 2025 extends key telehealth flexibilities through March 31, 2025, originally enacted during the COVID-19 Public Health Emergency (PHE). These flexibilities remove geographic and originating site restrictions for Medicare patients, expand the list of qualified practitioners, and allow for audio-only services and telehealth mental health care without in-person requirements. Although this extension is temporary, it provides continued access to essential healthcare services. Congress will need to pass permanent legislation to solidify these changes beyond March 2025.

Corporate Transparency Act Is Back in Effect: Are You Ready?

On December 23, 2024, the Fifth Circuit Court of Appeals reinstated the filing requirements under the Corporate Transparency Act (CTA), overturning a prior injunction. Businesses now have updated deadlines to file initial beneficial ownership information reports with the Financial Crimes Enforcement Network (FinCEN), based on their registration date. Affected companies must comply with these new deadlines, which vary depending on when the company was created or registered.