Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Wondering What’s Happening with Telehealth Legislation in Ohio?

Client Alert
February 10, 2022

Introduction

In December 2021, Governor DeWine signed into law HB 122, which will expand telehealth services in Ohio. The law takes effect in March 2022 and is in response to more patients relying on telehealth over the past two years during the height of the COVID pandemic, and more providers becoming comfortable with delivering services virtually. Telehealth is now a normalized healthcare delivery system nationwide. Beyond the safety benefits inherent in telehealth services, telehealth has made healthcare more accessible and more affordable for more people.

HB 122 At a Glance

HB 122 broadly expands the list of providers who can bill for telehealth services and replaces outdated regulations that limited access to telehealth care. Before HB 122, only physicians, physician assistants and advanced practice registered nurses could provide services via telehealth. HB 122 expands telemedicine use to include psychologists, speech and hearing therapists, physical therapists, counselors and social workers, dietitians, optometrists, chiropractors and several other health care specialties.[1] The law also removes the requirement that a patient’s initial visit be in-person and instead allows initial and annual patient visits to be conducted virtually.  

HB 122 requires both public (i.e., Medicaid and Medicare) and private insurance to cover telehealth services. Additionally, the law prohibits health plans from imposing cost sharing for telehealth services that exceeds the cost sharing for equivalent in-person services. 

Finally, HB 122 applies to more regulated treatment modalities. The law will allow physicians authorized to prescribe medical marijuana to conduct the required in-person patient exams via telehealth. While most patients that are prescribed a schedule II controlled substances are required to still attend their initial visit in-person, HB 122 sets forth several exceptions that allow for an initial visit via telehealth, including if 1) the patient is in palliative or hospice care; 2) the patient receives medication-assisted treatment for opioid use disorder; 3) the patient is currently under treatment for a diagnosed mental health condition; or 4) the patient is treated in an emergency situation. 

To ensure compliance with the new state telehealth laws, please contact Kevin Cripe at kmcripe@bmdllc.com, 614.246.7506, or your existing BMD healthcare attorney.

[1] The full list of allowed providers is: Advanced practice registered nurses; Optometrists licensed to practice under a therapeutic pharmaceutical agents certificate; Pharmacists; Physician assistants; Physicians; Psychologists and school psychologists, including school psychologists licensed under State Board of Education rules; Chiropractors; Audiologists and speech-language pathologists; Occupational therapists and physical therapists; Occupational therapy assistants and physical therapist assistants; Professional clinical counselors, independent social workers, and independent marriage and family therapists; Independent chemical dependency counselors; Certified Ohio behavior analysts; Dietitians; Respiratory care professionals; and Genetic counselors.

telehealthCOVID-19 Telehealth ProgramohioGovernor Mike DeWinehb 122Medicaidmedicare
Client Alert

Tax Savings Potentially on the Chopping Block under President Biden’s American Jobs Plan and American Families Plan

June 18, 2021Recently, President Biden has proposed several tax law changes in his American Jobs Plan and American Families Plan. Outlined below, are a few of the tax savings that could be significantly changed or eliminated under Biden’s plans.Client Alert

Here are the Final Candidates for Mayor of Cleveland

June 17, 2021Earlier this year, current Cleveland Mayor, Frank Jackson, announced he would not run for re-election this fall. With no need to beat an incumbent, the Cleveland mayoral race suddenly became competitive. Thirteen individuals declared their intent to run for mayor. The City of Cleveland, however, has a difficult qualification requirement to run: 3,000 valid signatures from Cleveland residents. The deadline to file a petition to run, with the 3,000 valid signatures, had to be submitted by June 16 (yesterday).Client Alert

What Happens to a Pandemic Stimulus Payment Upon Death?

June 14, 2021On January 1, 2021, the federal government issued stimulus payments (also known as Economic Impact Payments) to American citizens – on paper. However, many of the stimulus payments were not received until several months later. Sometimes the stimulus payments did not arrive until after an individual died.Client Alert

The Masks Are Back: New OSHA Regulations for Healthcare Employers

June 11, 2021Employment Law After Hours is back with a News Break Episode. Yesterday, OSHA published new rules for healthcare facilities, including hospitals, home health employers, nursing homes, ambulance companies, and assisted living facilities. These new rules are very cumbersome, requiring mask wearing for all employees, even those that are vaccinated. The only exception is for fully vaccinated employees (2 weeks post final dose) who are in a "well-defined" area where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.Client Alert

New OSHA Guidance for Workplaces Not Covered by the Healthcare Emergency Temporary Standard

June 11, 2021On June 10, 2021, OSHA issued an Emergency Temporary Standard (ETS) for occupational exposure to COVID-19, but it applies only to healthcare and healthcare support service workers. For a detailed summary of the ETS applicable to the healthcare industry, please visit https://youtu.be/vPyXmKwOzsk. All employers not subject to the ETS should review OSHA’s contemporaneously released, updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. The new Guidance essentially leaves intact OSHA’s earlier guidance, but only for unvaccinated and otherwise at-risk workers (“at-risk” meaning vaccinated or unvaccinated workers with immunocompromising conditions). For fully vaccinated workers, OSHA defers to CDC Guidance for Fully Vaccinated People, which advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, or local laws or individual business policies.
Older posts
Newer posts