Permanent Injunction of “Heartbeat” Abortion Ban in Ohio

Client Alert

October 28, 2024

On October 24, 2024, Hamilton County Common Pleas Judge Christian Jenkins held that Ohio’s six-week abortion ban (i.e., the “heartbeat” abortion ban) is unconstitutional under the state’s recently adopted reproductive rights amendment.

Ohio’s heartbeat law banned abortion once a heartbeat was detected and as early as six weeks into a pregnancy. The heartbeat law criminalized medical providers who rendered abortion care when a heartbeat was detected; penalties included felony charges, $20,000 fines, medical license suspension and revocation, and civil claims.

Attorney General Dave Yost previously argued that the heartbeat abortion ban could still take effect in Ohio despite passage in November 2023 of an abortion rights constitutional amendment. Judge Jenkins disagreed, holding that Ohio’s constitutional reproductive rights amendment is unambiguous and clearly represents the will of Ohio’s voters. According to Jenkins, the constitutional amendment must be given full effect, and any state laws, including the heartbeat law, that contradict it, must be enjoined.

The practical significance of this ruling is to provide clarity to medical providers regarding their ability to provide women’s health care without facing criminal, civil, or financial penalties, or actions against their license.

If you have questions about the ruling, or Ohio’s reproductive rights amendment, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com.

Posted by Daphne Kackloudis and Jordan Burdick

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

May 5, 2023

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Posted by Shalini Bhatia

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

May 5, 2023

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.

Posted by Kelly Jena

Important Update: New Advanced Beneficiary Notice in Effect for Medicare on June 30, 2023

April 19, 2023

On April 4, 2023, the Office of Management and Budget (OBM) approved an updated Advance Beneficiary Notice of Non-coverage (ABN) form CMS-R-131.[1] Providers can continue using the current ABN form with an expiration date of June 30, 2023.[2] However, all providers are mandated to use the new ABN starting on June 30, 2023, which has an expiration date of January 31, 2026.

Posted by Amanda Waesch

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