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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.

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Client Alert

Changes to Medicare’s Physician Fee Schedule and Outpatient Prospective Payment System

November 15, 2021Come the beginning of 2022, both the Medicare Physician Fee Schedule (“MPFS”) and Outpatient Prospective Payment System (“OPPS”) will look a little different. As a refresher, the MPFS lists the fees associated with reimbursement of services to providers at certain facilities, taking into account geography and costs. By contrast, OPPS sets reimbursement rates for hospitals and community mental health centers for outpatient services, which are determined in advance. A summary of some of the more pertinent changes to each rule will be outlined below.Client Alert

CMS to Once Again Reprocess Outpatient Clinic Claims

November 11, 2021The Hospital Outpatient Prospective Payment System (OPPS) Rule was passed in November 2018, which was intended to prevent the Centers for Medicare and Medicaid Services (CMS) from paying more for services rendered in outpatient settings than what they paid for the same services rendered in physician offices that are simply owned by hospitals or health systems.[1]Client Alert

New Vaccine Requirement for Select CMS-Participating Facilities

November 10, 2021On November 4, 2021, the Centers for Medicare and Medicaid (“CMS”) released a new rule requiring certain healthcare facilities to implement policies requiring employees to be vaccinated against COVID-19. It does not matter if a staff member does not perform patient treatment services, they must still be vaccinated if an employee of an applicable facility.Client Alert

OSHA COVID-19 EMERGENCY TEMPORARY STANDARD (ETS) Vaccination, Testing, Recordkeeping, and Reporting

November 5, 2021The Occupational Safety and Health Administration has issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). Note that the ETS does not apply to employers covered under the Safer Federal Workforce Task Force COVID-19 Workplace Safety: Guidance for Federal Contractors or Subcontractors (see here), or to settings where employees provide healthcare services subject to OSHA’s ETS for the healthcare industry (see here).Client Alert

Interesting Trends Revealed in 50-State Medicaid Budget Survey

November 3, 2021Results of the KFF annual survey of state Medicaid directors reveal some fascinating trends in Medicaid service delivery and benefit coverage. Read on for a summary of the highlights we find most noteworthy. Background As a preliminary matter, many of the trends KFF identifies and that we highlight below are no doubt a result of the Covid-19 pandemic. The pandemic triggered a public health emergency and economic crisis that resulted in increased Medicaid enrollment, service offerings, and flexibility in service delivery, along with a heightened awareness of disparities in access to care and health outcomes.
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