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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.

HealthcareHealth LawReproductive Health CareAbortion
Client Alert

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

February 25, 2025In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.Client Alert

Corporate Transparency Act Effective Again

February 20, 2025The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.Client Alert

Status Update: Physician Noncompete Agreements in Ohio

February 11, 2025Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.Client Alert

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

January 30, 2025President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.Client Alert

Corporate Transparency Act Ruling from the U.S. Supreme Court

January 24, 2025The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.
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