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Governor Mike DeWine and The Ohio State University Introduce the SOAR Study on Ohio Mental Illness

Client Alert

On January 19, Ohio Gov. Mike DeWine and The Ohio State University announced a new research initiative, the State of Ohio Adversity and Resilience (“SOAR”) study, which will investigate all factors influencing Ohio’s mental illness and addiction epidemic. SOAR will focus on Ohio families across generations to:

  • Identify factors or risks that lead to persistent distress, mental illness, substance abuse, use disorders, or overdose,
  • Understand how exposure to such risks impacts one’s behavior, biology, and brain function,
  • Identify patterns of intergenerational transferal of illnesses, and
  • Discover methods to promote resilience allowing one to face adversity.

The Ohio State University Wexner Medical Center and College of Medicine will collaborate with a number of Ohio universities to lead the study. Bowling Green State University, Case Western/ University Hospital-Cleveland, Central State University, and Nationwide Children’s Hospital, among others, will join Ohio State in the study.

Beginning its initiative, the SOAR study will start with two paralleled projects. First, under the SOAR Wellness Survey, as many as 15,000 Ohioans will be surveyed to collect information on social and psychological makeup, life experiences, and the participants’ mental health. Second, the SOAR Brain Health Study will examine about 3,000 Ohio families to study biological, psychological, and social factors to determine who does well facing adversity, and who does not.

Over the past decade, Ohio has witnessed a rise in mental illness and drug overdose, which has been heightened by the COVID-19 pandemic. Evidencing the state’s attempt to improve these issues, the Ohio Department of Mental Health and Addiction Services has funded the SOAR study with an initial $20 million grant.

In performing extensive analysis on Ohio individuals, families, and multiple generations, SOAR study researchers hope these findings lead to “new strategies” that support resilience and enable families to “break the chain” of mental illness and substance abuse.

If you have questions about the content of this Client Alert, please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com.


Will Federal Legislation Open Cannabis Acquisition Floodgate?

Are potential buyers quietly lobbying at federal and state levels to kick open the door to launch a new round of strategic acquisitions? Will presently pending federal legislation, the SAFE and MORE Acts, providing safe harbor for banks and re- or de-scheduling marijuana, be sufficient to mobilize into action major non-cannabis companies that previously shunned the cannabis industry due to the unknown implications of owning businesses whose activities are illegal under federal law?

The Future of the Families First Coronavirus Response Act

Over the last year we all have had to adjust to the new normal ushered in by the coronavirus pandemic. Schools and daycares closed, businesses transitioned from in-office work to work from home, bars and restaurants have closed their doors...all to slow the spread and try to prevent this pandemic from spiraling out of control. The start of the pandemic was utter pandemonium. Working parents trying to balance both caring for their now at-home children and their livelihood. Businesses trying to decide how to implement leave policies with limited information. Employees determining if they could financially afford to take time off. We were all flying by the seat of our pants trying to adjust to our new normal.

Ohio Supreme Court Clarifies Medical Statute of Limitations

The Ohio Supreme Court issued a decision in late December that clarifies and finalizes the Ohio law regarding the period of time in which patients can assert claims for medical malpractice. The Court was examining the interplay between three different statutes being the statute of limitations, the statute of repose, and the savings statute.

Ohio Hospitals and Healthcare Clinics: It’s Time to Revisit Your Billing and Collection Practices

According to a recent Cuyahoga County case, certain healthcare entities may not be protected from liability when engaging in unfair or deceptive billing acts. This decision is consistent with the growing trend across the country to encourage price transparency and eliminate unfair surprise billing practices by health care organizations. Now is the time for hospitals and other health care organizations to revisit their billing and collection policies and procedures to confirm that they are legally defensible and consistent with best practices.

HIPAA Business Associate Agreements: Why These Contracts Matter

No one loves drafting, reading or negotiating HIPAA Business Associate Agreements (BAAs). Yet many of us need to do so, and some of us do so daily. They are often boring, dense and technical, but BAAs are important from both a legal and a business perspective, and they deserve our attention. Failure to enter a BAA when one is required can constitute a HIPAA violation that results in substantial liability, as demonstrated by certain recent Department of Health & Human Services (HHS) settlements.1 A business associate who makes a disclosure that is not authorized by the applicable BAA or required by law can be subject to civil and, in some cases, criminal penalties. Further, parties are often presented with BAAs that contain onerous one-sided indemnification and other provisions that can be devasting to an organization in the event of a HIPAA breach. The significance of a BAA is often not fully understood by the parties until something goes wrong (e.g., a HIPAA security incident or breach, an Office of Civil Rights (OCR) audit or a fracture in the relationship between the parties) and, at that point, there is limited opportunity to mitigate legal and business risk. Ideally, attention should be given at the commencement of the business associate relationship, when the parties are able, to thoughtfully addressing regulatory requirements, planning and preparing for potential adverse events and appropriately allocating risk among the parties. As with most healthcare regulatory compliance initiatives, a proactive approach with respect to BAAs is preferable. This article provides a broad overview of certain BAA requirements and some practical negotiating tips for the parties involved.