Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

House Bill 249: Key Updates to Involuntary Hospitalization Law for Mental Health Providers

Client Alert
May 23, 2024

New amendments aim to expand the conditions for involuntary hospitalization of individuals with mental illness. The House Behavioral Committee’s fifth hearing on this proposed legislation was held on May 21, 2024, following its introduction on August 1, 2023. These changes are encapsulated in House Bill 249 (HB 249), which proposes modifications to Ohio Revised Code (ORC) Sections 5122.01 and 5122.10.

Changes to ORC Section 5122.01: Definitions and Criteria
The proposed bill expands the definition of “person with a mental illness subject to court order” to now include a person with a mental illness who, because of the person's illness, represents a substantial risk of harm to self or others as manifested by evidence that indicates all of the following: (a) the person's judgment is impaired by a lack of understanding of having an illness or a need for treatment, or both; (b) the person refuses treatment or is not adhering to prescribed treatment; (c) the person has been diagnosed with one or more of the following conditions: (i) Schizophrenia; (ii) Schizoaffective disorder; (iii) Bipolar disorder; (iv) Delusional disorder; (v) Major depressive disorder; and (d) if not treated, the person is reasonably expected to suffer mental deterioration.

Changes to ORC Section 5122.10: Custody and Examination Procedures
HB 249 also adds state highway patrol troopers to the list of individuals who may take a person into custody and immediately transport them to a hospital if the trooper has reason to believe the person has a mental illness subject to court order and represents a substantial risk of physical harm to self or others. Further, the bill introduces new requirements for personnel transporting persons with mental illness. Under the bill, the individual authorized to transport the person with mental illness must specify, in addition to their written statement describing the circumstances under which the person was taken into custody, any available information about the person's history of mental illness, if that information has a reasonable bearing on the decision to transport the person. The additional information should include information from anyone who has provided mental health or related support services to the person being transported, information from one or more family members of the person being transported, or information from the person being transported or anyone designated to speak on the person's behalf. Service providers should carefully consider the implications of how this information will be managed and shared to ensure the privacy and dignity of individuals with mental health disorders. 

Additionally, if a licensed professional (including a licensed physician, clinical psychologist, psychiatrist, or health officer) determines that the hospitalized person does not meet the criteria for court-ordered mental health treatment, then the person may be discharged or released if they are medically stable, unless there is a court order for temporary detention. HB 249 also allows general hospitals to continue providing care to a person if the person is not medically stable at the end of the initial 24-hour period, until the person is stable enough for transfer to a hospital or inpatient unit licensed by OhioMHAS. If a general hospital cannot find a licensed behavioral health hospital to accept the person within 24 hours, then the general hospital can continue to provide care until a transfer is possible.

Please contact BMD Healthcare Member Daphne Kackloudis at dlkackloudis@bmdllc.com or Attorney Jordan Burdick at jaburdick@bmdllc.com with any questions.

Health LawInvoluntary HospitalizationHealthcare PolicyHealthcareDaphne KackloudisJordan Burdick
Client Alert

HHS Revokes Public Comment Requirement on Certain Policy Changes

March 5, 2025The U.S. Department of Health and Human Services (HHS) has revoked the Richardson Waiver, eliminating the requirement for public notice and comment on certain policy changes. This decision allows HHS to implement new policies more quickly, potentially affecting healthcare funding rules like Medicaid work requirements. While it speeds up policymaking, it also reduces opportunities for stakeholder input, raising concerns over transparency and unintended consequences for healthcare providers, states, and patients.Client Alert

Don't Get Caught Dazed and Confused: Another Florida Court Weighs in on Employer Obligations to Accommodate Medical Marijuana Use

March 3, 2025A Florida trial court ruled in Giambrone v. Hillsborough County that employers may need to accommodate off-duty medical marijuana use under the Florida Civil Rights Act (FCRA). This contrasts with prior rulings and raises new compliance challenges for employers. With the case on appeal, now is the time to review workplace drug policies.Client Alert

Corporate Transparency Act to be Re-evaluated

February 28, 2025Recent federal rulings have impacted the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. While reporting requirements were briefly reinstated, FinCEN has now paused enforcement and is reevaluating the CTA. Businesses are no longer required to submit reports until further guidance is issued. For updates and legal counsel, contact BMD Member Blake Gerney.Client Alert

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

February 26, 2025Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.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.
Older posts
Newer posts