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HB 122 broadly expands the list of providers who can bill for telehealth services and replaces outdated regulations that limited access to telehealth care.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

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.Client Alert

Proposed Health Information Privacy Reform Act Expands Protections Beyond HIPAA

January 26, 2026The Health Information Privacy Reform Act (HIPRA) seeks to extend privacy protections to health data not covered under HIPAA, including data collected by apps and wearables. HIPRA introduces broader definitions of protected health information, strengthens privacy and security requirements, establishes patient notification rights, and sets national de-identification standards. Companies processing health data should monitor developments to ensure compliance.Client Alert

Medicare Updates on Skin Substitutes: LCDs Withdrawn, Payment Changes Take Effect

January 23, 2026Medicare’s planned Final Local Coverage Determinations (LCDs) for skin substitutes were withdrawn in late December 2025, meaning previous coverage rules remain in effect. The 2026 Medicare Physician Fee Schedule introduces a single payment rate of approximately $127.14 for these products. Providers should review implications for diabetic foot and venous leg ulcer treatments.Client Alert

Understanding the Seven Core Elements of an Effective Healthcare Compliance Program

January 22, 2026The Affordable Care Act requires healthcare providers participating in Medicare, Medicaid, and CHIP to maintain an effective compliance program. Guidance from the Department of Health and Human Services and the Office of Inspector General outlines seven core elements that form the foundation of these programs, from written policies and compliance oversight to auditing, training, and corrective action. This alert highlights each element and explains how practices can tailor compliance programs to their size and risk profile while meeting federal expectations.Client Alert

Preventing a Board Investigation

January 21, 2026Healthcare professionals in Ohio are subject to licensing board investigations that can lead to disciplinary action. Staying compliant with regulations, documenting carefully, and operating within your professional scope can help prevent issues. If contacted by a board, working with an attorney is critical to protect your license and rights.
Older posts
Newer posts